Privacy Policy

Thank you for using our services. This privacy policy discloses the privacy practices of DATAS AG to answer your questions about the types of information that we gather when you visit one of our websites or when you use our Services, the ways in which we use and share this information and your rights and choices regarding such information. Please read this Privacy Policy carefully. By visiting and using the Services, you agree that your use of the Services is governed by this Privacy Policy. TrustMailer (sometimes referred to in this Privacy Policy as "we", or "us"), is a service provided by DATAS AG, a joint-stock company with headquarters in Switzerland. We provide online services that you may use to create, send and manage emails and other information related to your Subscribers (anyone on your Distribution List or about whom you have given us information). A "Distribution List" is a list of email addresses and all associated information related to those Subscribers including, but not limited to, first and last name, date of birth, email address, gender, occupation or other demographic information. While providing the Services, as described in more detail below, we may collect Personal Information about a Website visitor or person related to a Distribution List or Subscriber.
  1. Scope
  2. Information we Collect and use
  3. Data you Upload to DATAS AG Services
  4. Your email campaigns
  5. Your Distribution Lists
  6. How We Use Information About You
  7. Transfer of data to countries not belonging to the European Union
  8. Data retention period
  9. Security
  10. Safeguarding Your Information
  11. Cookies
  12. Recipients of data and Law Enforcement
  13. Data Protection Rights Under the General Data Protection Regulation (GDPR)
  14. Exemptions from the exercise of rights
  15. Minor's Privacy
  16. Revisions to this Privacy Policy
  17. How to Contact us
  18. Controller of Your Information

1. Scope

We offer the Services on http://www.trustmailer.com and http://login.trustmailer.com. This Privacy Policy applies to these specific websites/services, as well as any other online service provided by DATAS AG that post or include a link to this Privacy Policy. It does not apply to DATAS AG's services that our customers may use on their own websites, to other companies or organizations sites to which we link, or to companies that DATAS AG does not control. Our Website may contain links to other websites whose information practices may be different to ours. You should consult the privacy notices of those third party sites as we have no control over information that is submitted to, or collected by them. This Privacy Policy also does not cover how DATAS AG customers may treat your information as the use of your information by such parties is governed by the privacy policies of such parties and is not subject to DATAS AG's control. If you are a data subject located in Europe, please see the section below entitled "Data Controller" for more information on our relationship with our customers.

2. Information we Collect and use

We collect personally identifiable information relating to you in the following situations: a. Information you provide b. Information collected automatically (cookies, web beacons) c. Information collected based on specific actions d. Information from log files e. Location Data f. Google Analytics g. Information from Third parties a. Information you provide We collect information that you voluntarily provide to us while using our Services, such as when you register an account, make a purchase of one of our products or services, respond to our customer surveys or communicate with our customer service team. In some countries, including countries in the European Economic Area ("EEA"), the information referenced in this paragraph may be considered personal information under applicable data protection laws. The information we collect includes information relating to identified or identifiable natural persons. Some examples of information we collect include the following: contact data, including your first and last name, telephone number, email address, and postal address; and billing information; credentials, including your passwords; content data, including the content of the messages you send to us. b. Information collected automatically (cookies, web beacons) We automatically collect information about your device and how your device interacts with our Service. The types of data we collect and the methods by which we may collect such data include the following: Cookies, Web Beacons. Our Services use "cookies" and similar technologies, including HTML5 local storage, pixels and web beacons. A cookie is a file stored on your device that may be used to identify an individual as a unique user by storing certain personal preferences and user data. We uses cookies and other technologies to identify your device, identify authorized users of our services, monitoring activities, analyze trends, administer the website, track users’ movements around the website and gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level. Web beacons: We use web beacons on our Websites and in our emails. Web beacons are small graphic images or other web programming code (also known as "1x1 GIFs" or "clear GIFs"), which may be included in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Services, to monitor how users navigate the Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed. This allows us to measure the performance of our email campaigns and to improve our features for specific segments of Members allowing us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details. We also include Web Beacons in the emails we deliver for you. We use the data from those Web Beacons to create reports about how your email campaign performed and what actions your Subscribers took. Reports are also available to us when we send email to you, so we may collect and review that information. c. Information collected based on specific actions List and email information: When you add a Distribution List or create an email with the Services, we have and may access the data on your list and the information in your email. d. Information from log files Your web browser automatically sends information to every website you visit, including ours. For example, our server logs may receive and record information such as the pages you access on the Services, referring URLs, your browser type, your operating system, the date and time of your visit, and the duration of your visit to each page. User Agent Strings Log file information may also include a user agent string, a series of characters automatically sent with your Internet requests that provide information necessary for smooth Internet communications, such as the operating system and browser you used. A user agent string might be used to identify the device originating a message. e. Location Data DATAS AG may also request access to or otherwise receive information about your device location when you access the Services. Your location data may be based on your IP address and other location-aware technologies. We use location data in connection with providing the Services and to help improve the Services. f. Google Analytics This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will shorten/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB. Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html. g. Information from other sources we receive information from third parties in the course of providing services to you from time to time (including in the processing of payments).

3. Data you Upload to DATAS AG Services

Users of DATAS AG services can upload, download and create data (e.g. document files, databases, html files) to our servers for storage and usage in relation to our services. All Data uploaded to DATAS AG services is stored securely on our servers in our dedicated infrastructure in Switzerland. Unless you give us explicit permission, we will never inspect your stored data and will only measure the volume of your transmitted data for billing purposes or inspect your transmitted data to investigate suspected violations of our Acceptable Use Policy. We will never disclose your data to any third party unless we are required to do so by court or administrative order (see below).

4. Your email campaigns

When you send an email marketing campaign, it will be managed by several servers on the Internet before arriving at destination. During this process it is possible for server administrators to have access to the information you sent. E-mails were not created to be a vehicle of confidential information. We invite you not to use TrustMailer to send such type of data. It is possible that the content of your email campaigns will be analyzed to ensure that it complies with our Terms of Use. Our employees or contractors may have access to these email campaigns.

5. Your Distribution Lists

A distribution list can be created in different ways, such as importing or manually inserting contacts from a csv file or your email client. Your distribution lists are stored on a secure DATAS AG server. In no case your lists will be sold or passed on to third parties. If someone on your distribution list raises a complaint or contacts us, we may have to contact that person directly. Only authorized employees have access to your distribution lists. You can export (download) your distribution lists from TrustMailer at any time. If we detect abusive or illegal behavior related to your Distribution List, we may share your Distribution List or portions of it with affected ISPs or anti-spam organizations.

6. How We Use Information About You

DATAS AG processes personal data for the purpose(s) for which you provide it to us including for example to:
  1. To send you informational and promotional content in accordance with your marketing preferences. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
  2. To process payments. This includes sending you emails and invoices. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.
  3. To respond to your enquiries and provide you with updates relating to our services;
  4. To provide technical customer support.
  5. To send you System Alert messages. For example, we may inform you of temporary or permanent changes to our Services, such as planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.
  6. To update our records and maintain any account information you may have with us;
  7. To prevent or detect fraud or abuses of our Websites and services
  8. To process requests for services and supply those services to you;
  9. To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.
  10. To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We ensure the parties with whom we share your Personal Information follow practices at least as protective as those described in this Privacy Policy: Data in our servers is never shared with associate offices, appointed agents, sub-contractors or other entities and third parties for any reason whatsoever. All data remains on servers wholly owned and controlled by DATAS AG within the legal jurisdiction of Switzerland.

7. Transfer of data to countries not belonging to the European Union

If you are resident in the European Union please note that the Personal Information and Data you provide to DATAS AG are stored in Switzerland. The data protection laws of Switzerland differ from those of the European Union and you expressly agree to such a transfer for the purpose of us providing you with the information and services you request. Personal data are transferred ensuring that the exercise of your rights is always ensured.

8. Data retention period

TrustMailer processes and keeps the personal data of the interested party for the entire duration of the contractual relationship, for the execution of the obligations related to the same and consequent, for compliance with the applicable legal and regulatory obligations, as well as for defensive purposes of their own or third parties; until the end of the data retention period. DATAS AG is also forced to inform any other parties who process your personal data in case you requested the cancellation. At the end of the applicable retention period, personal data relating to the Interested parties will be deleted or stored in a form that does not allow identification of the Interested Party, unless their further processing is necessary for one or more of the following purposes:

9. Security

DATAS AG implements reasonable administrative, physical, and technical security measures to help protect your data from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. However, no physical or electronic security system is impenetrable. DATAS AG cannot guarantee the security of the Service's servers or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. Notice of Breach of Security If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Distribution Lists, then DATAS AG will notify you as soon as possible and later report the action we took in response.

10. Safeguarding Your Information

Even if we employ security measures to prevent unauthorized access to information that we collect from you please note that email correspondence with us is in free format text and cannot be encrypted. Accordingly please do not send any sensitive information such as credit card details or account passwords via email. TrustMailer accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Distribution Lists is so sensitive, account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We will only reset them.

11. Cookies

A cookie is a text-only string of information that your web browser stores on your computer when you visit certain websites on the Internet. For example a cookie may contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number. Cookies may be used in the following ways: Please visit this url for more information http://www.trustmailer.com/privacy/cookies

12. Recipients of data and Law Enforcement

Your data may be disclosed to the natural and legal persons appointed as Data Processors and the individuals authorized to process the data required to perform the duties assigned to them: for example DATAS AG employees and consultants. DATAS AG - without the consent of the interested party - can also communicate data in its possession to law enforcement agencies when obliged to do so by court or administrative order with appropriate jurisdiction.

13. Data Protection Rights Under the General Data Protection Regulation (GDPR)

If you are a resident of the EEA, you have the following data protection rights: You have also the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing legal@datas-ag.com. You can exercise your rights at any time by contacting us: DATAS AG Data Protection Office Sihleggstrasse, 23 - 8832 Wollerau - Switzerland E-mail: legal@datas-ag.com Right of access by the data subject You are entitled to know which personal data pertaining to you is processed by DATAS AG. You can do so at any time by contacting us (in case of further requestes, a fee based on the costs incurred may be charged). The information provided includes the purposes of the processing, the categories of data processed, the expected retention period or, if not possible, the criteria used to define this period. Right to rectification You are entitled to obtain the updating or correction of inaccurate or incomplete data. Right to erasure ("right to be forgotten") The right to erasure, or to be forgotten, allows you to obtain the cancellation of your personal data This right can be exercised even after the withdrawal of consent. This right is not absolute and only applies in certain circumstances. If legal obligations prevent us from deleting your personal data, your data will be blocked and only made accessible for the purposes of compulsory legal regulations. Right to restriction of processing The right of limitation can be exercised as an alternative to the deletion of data; Apart from conservation, any other processing of the data whose limitation is requested is prohibited. Right to data portability The right to portability allows you to use the data held by DATAS AG for other purposes. You may request to receive your personal data or request the transfer to another holder, in a structured and legible format. Data that can be object of portability are personal data (eg name, surname, address, date and place of birth, residence), as well as data generated by transactional activity that DATAS AG has defined in its services. This right does not apply to non-automated treatments (eg archives or paper records). Right to object You are entitled to oppose at any time to processing of personal data concerning you. You have also the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

14. Exemptions from the exercise of rights

Data protection legislation recognizes specific exceptions to the rights granted to the data subject. We must continue to process the personal data of the Data Subject when one or more of the following conditions apply: Each interested party may exercise his rights by contacting DATAS AG at legal@datas-ag.com or by making a written request to DATAS AG - Sihleggstrasse, 23 - 8832 Wollerau - Switzerland. The deadline for the reply is one (1) month, extendable by two (2) months in cases of particular complexity; in these cases, DATAS AG provides at least one interim communication within one (1) month. The exercise of rights is, in principle, free; DATAS AG, considering the complexity of processing the request and, in the event of manifestly unfounded or excessive (even repetitive) requests, reserves the right to request a contribution. DATAS AG has the right to request additional information necessary for the identification purposes of the applicant.

15. Minor's Privacy

Our services are not intended for use by minors. DATAS AG does not knowingly collect information from minors under the age of 18, and minors under the age of 18 are prohibited from using our Services. If you are a parent or guardian, and believe that a minor has provided us with personal information in violation of this Privacy Policy, you can alert us at legal@datas-ag.com

16. Revisions to this Privacy Policy

We reserve the right to revise the whole or any part of this Privacy Policy from time to time. Please review the Privacy Policy periodically for changes. Unless stated otherwise, our current Privacy Policy applies from time to time to all information that we have about you.

17. How to Contact us

If you have any questions regarding the processing of your personal data, please do not hesitate to contact our data protection officer directly. He will also assist you in case you have information requests or other requests or complaints: DATAS AG Data Protection Office Sihleggstrasse, 23 - 8832 Wollerau - Switzerland E-mail: legal@datas-ag.com

18. Controller of Your Information

Information which you provide to us or we gather from our Websites or in the course of providing services to you is controlled by DATAS AG. a joint-stock company with headquarters in Switzerland with registered office at Sihleggstrasse, 23 - 8832 Wollerau - Switzerland The Data Protection Officer can be contacted at DATAS AG, Data Protection Office, Sihleggstrasse, 23 - 8832 Wollerau - Switzerland. E-mail: legal@datas-ag.com Last Updated: 29 May 2018 Copyright © DATAS AG, 2018. All rights reserved.