Welcome to Mailsight and our website at www.mailsight.io. At Mailsight, we take the protection of your data very seriously, and in the below we explain what data we collect when you use our website and services and how it is used.
General Information
What law applies?
In principle, we will only use your personal data in accordance with the applicable data protection laws, in particular the Swiss Federal Data Protection Act (“nDSG”) and the EU counterpart the General Data Protection Regulation (“GDPR”).
The association SwissPrivacy.Law has published a comparison table between the nDSG and the GDPR which can be found here.
Who is responsible for data processing?
The responsible party within the meaning of the nDSG and the GDPR is Mailsight of St. Gallen, Switzerland (“Mailsight“, “we”, “us”, or “our”). If you have any questions or if you wish to exercise your rights, please feel free to email [email protected], use our Contact Form, or write to us at the above address.
What is Personal Data?
Personal Data is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address. In contrast, information of a general nature that cannot be used to determine your identity is not Personal Data. This includes, for example, the number of users of a website.
What is processing?
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.
What are the legal bases of processing?
In accordance with the nDSG and the GDPR, we have to have at least one of the following legal bases to process your Personal Data:
- you have given your consent,
- the data is necessary for the fulfillment of a contract / pre-contractual measures,
- the data is necessary for the fulfillment of a legal obligation, or
- the data is necessary to protect our legitimate interests, provided that your interests are not overridden.
Data we collect automatically
Log data
Each time you visit our website, our system automatically records the following data from the visiting device and stores it in a so-called log file: i) Name of the retrieved file, ii) date and time of the visit, iii) amount of data transferred, iv) message about successful retrieval, type of browser and version used, v) IP address (identification of the user’s device), vi) Operating system of the visiting device, vii) Internet service provider of the visiting device, viii) website from which you access our website, and ix) which of our website pages you are accessing. The legal basis for processing is our legitimate interest.
Hosting
The hosting services used by us for the purpose of operating our website is Tavan Hosting. In doing so, Cloudflare processes inventory data, contact data, content data, usage data, meta data and communication data of customers, interested parties and visitors of our website and services, on the basis of our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services and the conclusion of the contract for our services, including but not limited to our services).
Content Management System
We use the Content Management System (CMS) of WordPress by Automattic Inc, to publish and maintain the created and edited content and texts on my website. This means that all content and texts submitted to my website is transferred to WordPress. The legal basis for this processing is our legitimate interest.
Content Delivery Network
We also use Cloudflare, Inc`s Content Delivery Network (CDN) to distribute our online content. Our CDN is a network of regionally distributed servers operated by our technical service providers that are interconnected via the Internet. When you visit our website, your device’s browser transmits information to these service providers, which is collected in corresponding server log files. The server log files are usually anonymized and then transmitted without personal reference. The server log files include in particular i) information on the browser and operating system used, ii) the previously visited pages (so-called referral URL), iii) the IP address of the device used, iv) the name of the Internet provider, and v) the date, time of all page views including the amount of data transferred. The legal basis for the processing is our legitimate interest.
Cookies
We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. There are different types of cookies: i) Essential Cookies. Essential cookies are cookies to provide a correct and user-friendly website; and ii) Non-essential Cookies. Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyze your behavior on a website (“analytical” cookies) or cookies used to display advertisements to you (“advertising” cookies).
As set out in the Swiss Unfair Competition Act (“UCA”) and in parts in the Federal Data Protection Act (“nDSG”) and the EU`s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of Non-essential Cookies. For further information on the cookies we use, please refer to our Cookie Policy. The legal basis for processing is our legitimate interest and your consent.
Cookie consent
Our website uses a cookie consent tool to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.
Links to other websites
Please note that if you use a link from our website to a third-party website, that third-party may also set new cookies that are not covered by this policy. In such cases, we recommend that you read the cookie policy on the third-party website itself.
Third-party services and content
We use content or service offers of third-party providers on the basis of our legitimate interests in order to integrate their content and services.This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content.
The following provides an overview of third-party providers and their content, together with links to their privacy policies, which contain further information on the processing of data and so-called opt-out measures, if any,
- Analytics #1: Google Analytics by Google LLC,
- Analytics #2: HubSpot Analytics by HubSpot, Inc,
- Tag Management: Google Tag Manager and Google Site Tag by Google LLC,
- Fonts: Google Font API by Google LLC,
- Spam protection: reCAPTCHA by Google LLC,
- Remarketing and Advertising:
- Facebook Remarketing and Conversion Measurement by Facebook (Meta Platforms, Inc)
If you do not wish to participate in our advertising personalisation or retargeting/tracking you can object to behavioral advertising at the following websites: Your Online Choices, Digital Advertising Alliance of Canada, Network Advertising Initiative or AdChoices.
Data we collect directly
Contacting us
In addition to your name, company name (if any), and e-mail address, IP address or telephone number, if provided, we usually collect the context of your message which may also include certain Personal Data. The Personal Data collected when contacting us is to handle your request and the legal basis is both your consent and contract.
Social Media
We are present on social media (currently LinkedIn by LinkedIn, Twitter by Twitter Inc, Facebook by Meta Platforms, Inc). If you contact or connect with us via social media platforms, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contract.
When creating a user account
It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address and name, which will enable you to log in more easily without having to enter your data again when you want to use our services. The legal basis for the data processing is our contractual service.
When using our services
When using our services, you may provide us with; i) first and last name; ii) email address, iii) telephone number and iv) certain business detail such as Country, Company, Linkedin Profile of your clients and prospects. To that extent you become the data controller and we become the data processor in accordance with Chapter 3 of the nDSG and Chapter 4 of the GDPR. Where we process your Personal Data as data processor or in other words on behalf of you, we will process the Personal Data involved in your use of our services in accordance with your instructions and shall use it only for the purposes agreed between you and us. For further information please refer to our Data Processing Agreement.
You agree that, if you have provided us with Personal Data relating to a third party: a) you have in place all necessary appropriate consents and b) that such third party has read this Privacy Policy. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
We process the Personal Data involved in your use of our services in order to be able to provide our contractual services as well as to ensure the security of our services and to be able to develop it further. This includes in particular our support, correspondence with you, invoicing, fulfillment of our contractual, accounting and tax obligations. Accordingly, the data is processed on the basis of fulfilling our contractual obligations as well as to fulfill our legal obligations.
We ensure that access by our employees to your data is only available on a need-to-know basis, restricted to specific individuals, and is logged and audited. We communicate our privacy and security guidelines to our employees and enforce privacy and protection safeguards strictly.
Payment Data
To make a purchase or pay for services offered, you may need to provide a valid payment method (e.g., credit card). Your payment information will be collected and processed by our authorized payment vendor Stripe Inc.. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. The legal basis for the provision of a payment system is the establishment and implementation of the contract.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
Data management and customer support
For optimal data management and customer support, we may store the data related to your use of our services with us in our customer relationship management system provided by Google Workspace by Google LLC. This data processing is based on our legitimate interest in providing our customer service.
Storage
All data collected through our services is generally transferred to our Server provided by Cloudflare, Inc. The legal basis for the data processing is our legitimate interest. We ensure that processing is governed by Processing Agreements that include Standard Contractual Clauses to ensure a high level of data protection. We store the data until you delete your user account. Insofar as legal retention periods are to be observed, storage also takes place beyond the time of deletion of a user account.
Marketing
If you have given us your separate consent to process your data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.
Direct Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will include a means by which you may unsubscribe or opt out. The legal basis for processing is the initiation of a contract, our legitimate interest and your consent.
Economic analyses and market research
For business reasons, we analyze the data we have on business transactions, contracts, enquiries,browsing behavior etc., whereby the group of persons concerned may include contractual partners, interested parties, and users of our services.
The analyses are carried out for the purpose of business evaluations and market research. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. Furthermore, we take the privacy of users into consideration and process the data for analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g., as summarized data).
Principles of processing Personal Data
Storage and Retention
At the time of data collection, for example in the context of a contractual relationship we process and store Personal Data from you. We process and store your Personal Data only to achieve the respective processing purpose or for as long as a legal retention period exists. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.
Security
Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through this website.
Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.
Special Category Data
Unless specifically required when using our services and explicit consent is obtained for that service, we do not process special category data.
Minors
We do not request Personal Data from minors and children and do not knowingly collect such data or pass it on to third parties.
Automated decision-making
Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.
Do Not Sell
We do not sell your Personal Data.
Sharing and Disclosure
We will not disclose or otherwise distribute your Personal Data to third parties unless this is i) necessary for the performance of our services and, ii) you have consented to the disclosure, iii) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; or proceedings at home or abroad or to fulfill our legitimate interests.
International Transfer
We may transfer your Personal Data to other companies and/or staff members as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.
Your Rights and Privileges
Privacy rights
Under the nDSG and GDPR, you can exercise the following rights:
- Right to information
- Right to rectification
- Right to object to processing
- Right to deletion
- Right to data portability
- Right of objection
- Right to withdraw consent
- Right to complain to a supervisory authority
- Right not to be subject to a decision based solely on automated processing.
If you have any questions about the nature of the Personal Data we hold about you, or if you wish to exercise any of your rights, please contact us.
Updating your information
If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.
Withdrawing your consent
You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Access Request
In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
Complaint to a supervisory authority
You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. The Swiss Federal Data Protection and Information Commissioner, Feldeggweg 1, CH-3003 Bern, Switzerland, www.edoeb.admin.ch is the relevant authority for us.
Validity and questions
We want to point out that from time to time due to actual or legal changes a revision to this policy may be necessary. If you have any questions or if you wish to exercise your rights, please feel free to email [email protected], use our Contact Form, or write to us at the above address.