Last modified: July 2023.
Mailtrack will process personal data in accordance with European Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data repealing Directive 95/46/EC (“GDPR”), Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (“LOPD”) and other applicable data protection laws.
THE MAIL TRACK COMPANY
N.I.F. number B-66095670
C/ Corcega 301, Attic 2ª, 08008 – Barcelona (Spain)
and all subdomains or sections operated by Mailtrack.
|Purposes and legal basis||
Providing and managing our Service – Performance of contractual relationship.
Improve our Service and prevent fraud and abuse – Legitimate interest.
Send you information about our Service – Legitimate interest or consent, as applicable.
Answer inquiries, requests and complaints – Performance of contractual relationship, legitimate interest or consent, as applicable.
To understand the use of our Website and how to improve it through non-functional cookies- Consent.
|Rights of the person concerned||
If you are a user of the Service or the Website, you may request us to provide you with information about the personal data we collect from you, as well as request us to delete it or correct any inaccuracies. You may also request us to restrict or limit the processing or the transfer of your personal data, as well as to provide your personal data to you so you can use it for your own purposes. You can send your request to email@example.com.
You may also seek the assistance of the Spanish Data Protection Agency at https://www.aepd.es/.
|Additional information||For more information about our Website or our Service, you can review our Terms and Conditions or our Cookies Policy.|
2.1. This Section explains the processing of personal data of Users or on the Website by Mailtrack as a data controller, i.e. when Mailtrack decides on the purposes and means to carry out the processing of such personal data. This only occurs with respect to the Users´ data used by Mailtrack for the purpose of providing the Service, with all the functionalities available at any time and including activities ancillary to the Service such as account maintenance, billing ...; or with respect to information collected from users accessing and browsing the Website. This does not include communications sent by Users through the Service and related data, which will only be processed in accordance with Section 3.
2.2. Mailtrack may process personal data of Users or on the Website in the following cases and for the purposes and for the periods indicated below:
For the provision of the Service, Mailtrack may process personal data of the Users provided by them when installing or contracting the Service, such as the name, email address, language preferences, location for the correct display of price/currency, payment data, as well as any other data or information of the Users derived from the provision of the Service.
These personal data are used by Mailtrack for the following purposes:
The legal basis for the processing of the above data is the performance of the contractual relationship between the User and Mailtrack for the provision of the Service, as well as the legitimate interest of Mailtrack in informing Users about the Service, unless Users inform Mailtrack that they do not wish to receive commercial communications, as well as to improve the Service and prevent fraud and abuse.
Users’ personal data will be processed by Mailtrack during the contractual relationship and, subsequently, during the legal period required by the applicable regulations depending on the case.
By means of cookies, with respect to visitors to the Website, in order to provide the functionalities of the Website and to learn about the use of the Website and to improve its functioning, as described in our Cookies Policy.
Mailtrack will store cookie usage information and your IP address in accordance with the Cookies Policy.
To respond to requests, suggestions or complaints. Personal data received by Mailtrack through the means provided for this purpose, are used exclusively to respond to inquiries, suggestions or complaints sent by Users or users who access and browse the Website.
The purpose of the processing of these personal data is to manage queries, suggestions or complaints and subsequent follow-up, based on the fulfillment of a contractual relationship or, where appropriate, the legitimate interest of Mailtrack in managing the response to these requests and the management and improvement of the Service.
Mailtrack will keep the information for as long as it is necessary to respond to queries, suggestions or complaints and to follow up on them. Likewise, Mailtrack may retain personal data for the periods necessary to comply with the legal obligations that may apply.
To participate in selection processes published on the Website. When Mailtrack receives personal data from candidates to its job offers, through the means provided on the Website, Mailtrack will use these identification, academic, professional and profile data, along with those provided during the process, to manage such selection processes.
In such cases, the legal basis for the processing of personal data will be the performance of pre-contractual measures at the request of the data subject.
Personal information will only be stored during the period in which the corresponding selection process is in force.
2.4. Mailtrack's processors, i.e. our service providers, may have access to the above personal data when necessary and only for the purpose of managing the provision of the relevant service. To ensure that personal data receive an adequate level of protection, Mailtrack will enter into agreements with third parties with whom it shares personal data, which require that your personal data is processed by those third parties in a manner that is consistent and compliant with data protection regulations.
We may also provide personal data to the competent judicial or administrative authorities in cases where it is necessary to comply with any applicable law or regulation.
2.5. In general, the User's personal data will be stored in the European Economic Area (i.e. the member states of the European Union, Norway, Iceland and Liechtenstein or "EEA"). However, Mailtrack may share personal data with service providers located outside the EEA, in which case Mailtrack will ensure that personal data is stored and transferred securely. These transfers will be made, depending on the case, on one of the bases permitted by the European data protection regulations, either based on the fact that the transfer is made to a country where the European Commission has established its adequacy with respect to its levels of data protection or through data transfer agreements incorporating the standard contractual clauses accepted by the European Commission in accordance with art. 46.2.c) RGPD.
2.6. The User or the data subject, as appropriate in accordance with the assumptions provided for in section 2.2 above, has the right to request a copy of any personal information we hold about him/her in our records, to correct any inaccuracies and to update any outdated information. You may also request deletion of your personal information where, among other reasons, it is no longer needed for the purposes for which it was collected or, where applicable, request portability of your data. In certain circumstances, you can request to limit the processing of your data or object to the processing of your data. Mailtrack will stop processing the data, except for imperative legitimate reasons, or the exercise or defense of possible claims. You also have the right to withdraw your consent at any time, when this is the legal basis for the processing of your personal data.
The above rights may be exercised by contacting Mailtrack at the following address: Calle Córcega, 301, Attic 2, 08008, Barcelona (Spain) or by sending an e-mail to firstname.lastname@example.org.
In accordance with the provisions of the GDPR, when requests are manifestly unfounded or excessive, especially due to their repetitive nature, Mailtrack may charge a reasonable fee based on the administrative costs incurred to provide the information or communication or to carry out the requested action, without prejudice to the possibility of refusing to act.
The User or interested party, as appropriate, may also seek the assistance of the Spanish Data Protection Agency at www.aepd.es.
If at any time the User or interested party, as applicable, wishes to stop receiving commercial communications from Mailtrack, he/she may request to do so by sending an e-mail to email@example.com.
3.1. This Section details the processing of personal data relating to communications to Recipients, which is carried out by Mailtrack on behalf of and following the instructions of the Users. In such cases, Mailtrack acts as a data processor, as the purposes and means of the processing of the personal data are determined by the User and Mailtrack only accesses the data at the request of the User and to provide the Service. Mailtrack does not act as a data controller with respect to personal data relating to communications to Recipients.
3.2. The provision of the Service in favor of the User may imply access and processing by Mailtrack of personal data relating to communications to the Recipient, for the purposes established by the User. Mailtrack will have access to the following data
The processing of the aforementioned personal data is carried out solely for the provision of the Service within the terms and duration indicated in the Terms and Conditions of the Service and always under the instructions of the User.
3.3. As a result, Mailtrack:
(i) will not process the personal data relating to the communication to the Recipient for purposes other than the provision of the Service requested by the User and will not transfer such data, even for storage, to unauthorized third parties;
(ii) will process the personal data relating to the communication to the Recipient following the instructions of the User. When Mailtrack becomes aware that the instructions given by the User violate the data protection regulations, Mailtrack shall immediately inform the User;
(iii) will promptly notify the User if it becomes aware of any data breach and shall provide all details of the relevant infringement;
(iv) will ensure that persons authorized within Mailtrack to process personal data relating to communications to Recipients have undertaken to respect confidentiality or are subject to a legal obligation of confidentiality;
(v) taking into account the nature of the processing, Mailtrack will assist the User through appropriate technical and organizational measures, as far as possible, in fulfilling the Users´ obligation to respond to requests for the exercise of the rights of the relevant data subject set out in Chapter III of the GDPR, for which it will notify promptly the relevant User, through the email address listed as contact in his/her account, the requests it receives. In any case, the User will be responsible for the attention and response to such exercise of rights, although in compliance with the above, Mailtrack will follow the instructions given by the User;
(vi) will take all necessary measures in accordance with Article 32 GDPR, (security of processing);
(vii) will assist the User in fulfilling his/her obligations under Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to Mailtrack, including but not limited to:
3.4. Mailtrack will not subcontract third parties for processing operations that may involve access to personal data relating to the communication to the Recipient without the User's authorization.
In this regard, the following sub-processors shall be deemed to be authorized by the User:
3.5. Mailtrack will guarantee the confidentiality of personal data relating to communications to the Recipients, even after the termination of the Service.
3.6. In the event the User is located in a country outside the EEA and, as a result of the provision of the service, international transfers of personal data are carried out by Mailtrack and the adequacy of the levels of data protection of the country to which the data is transferred has not been established by the European Commission, the European Commission, the Standard Contractual Clauses contained in the Commission Implementing Decision (EU) 2021/914 of 4th June 2021 ("SCC") shall apply between Mailtrack and the User, completed as follows:
(i) Module Four shall apply;
(ii) Clause 7 shall not apply.
(iii) The optional paragraph of Clause 11 shall not apply.
(iv) With respect to Clause 17, the SCC shall be governed by Spanish law.
(v) With respect to Clause 18, the applicable jurisdiction for future disputes arising from these SCC shall be that of Spain, and to the extent possible, that of Madrid.
3.7. The User is responsible for the processing of the personal data of the Recipients or of any other type in the context of the communications sent through the Service, subject to the scope of application of the GDPR (taking into account that the processing derived from exclusively domestic activities are excluded from the GDPR), or that of any other applicable regulation. The User will be the only one to define the purposes and means for the processing of the aforementioned personal data, and in any case, it cannot be understood that Mailtrack processes personal data relating to communications to the Recipients for its own purposes, since it will only use them for the provision of the Service and acting on behalf of the User. As a result, the User shall comply with the applicable obligations under data protection regulations, as applicable in each case, including, where applicable, obligations relating to obtaining the consent of the data subjects and informing them about the processing of their data, as a consequence of the use of the Service. The User, and not Mailtrack, shall be solely responsible for the compliance of such obligations.
The use by Mailtrack of the information received through the Google API implies the User´s adherence to the Google API Services´ User Data Policy.
If you are a Recipient of emails sent through Mailtrack´s Service and you wish to exercise any rights under the GDPR, please note that you should contact the Mailtrack User who sent you the email. The User who sends the email is the one who decides the recipient, content and purpose of the communication, and therefore, according to the regulations, is the one who has the responsibility and obligation to comply with your rights as the Recipient. For the same reason, the User in question is the only one who is in a position to make decisions regarding the rights of the Recipients whose data is processed. Mailtrack is merely the provider of the Service.
In any case, in Mailtrack we are committed to safeguarding and protecting privacy and we provide you with the email firstname.lastname@example.org to help you make requests to the corresponding User. Likewise, we will assist the User, in his/her capacity as the data controller, to comply with his/her obligations in relation to the exercise of your rights as the Recipient. However, please note that the response and compliance will ultimately depend on the User.