Privacy Policy

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” (or “sensitive personal information”) under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

• You
• When you provide such information directly to us.
• We receive and store any information you knowingly provide to us. When you create a new account to use the Services we will solicit your consent to connect your Google or Microsoft account to your new Mixmax account (using Google’s or Microsoft’s OAuth authentication method), thereby providing us with access to your Google or Microsoft account, including but not limited to email, Contacts, and Calendar. Although the OAuth authentication provides broad access to your Google or Microsoft account, Mixmax accesses and stores a subset of data from your Google or Microsoft account, including name, email address, calendar content, contacts, and company domain directory, to provide you with our Services. During email composition, we temporarily store the content of your draft email message (however once the message is sent, draft content is transferred to your Gmail or Outlook account and stored on Google’s or Microsoft’s servers, not Mixmax’s). Mixmax stores the email body in the following contexts: when you create an email draft and the message remains unsent; when you create a Sequence or Template in Mixmax; when you share an email via a share link; and when you enable people in your organization to view your messages in the Live Feed.
• You can limit the amount of Personal Information transferred to us by being sure to complete and send your draft email messages, or by deleting any unsent drafts if you decide not to send them, or by refraining from using the features listed above in which we store the email body, or other features in which we notify you that we store the email body. In addition, when you send email using the Services we collect the recipient’s name, email address and the email subject line so that we can display that information in your Live Feed in Mixmax and for debugging purposes. If you are using open, click, and download tracking, Mixmax collects the recipient’s device type and IP address (in order to provide you with the recipient’s approximate location when the message is opened), along with the recipient’s activities (for example: opens, clicks, downloads). For recipients outside the European Union (“EU”), Mixmax uses these activities data to provide Recommended Send Times, which indicate the times of day when the recipient has been active with Mixmax emails in the past. Mixmax does not provide Recommended Send Times for recipients within the EU.
• In keeping with standard online privacy practices, users should not include any highly sensitive information (such as social security numbers, financial information, or “protected health information” (as that term is defined by the Health Insurance Portability & Accountability Act)) in any emails so that such data does not transfer to our servers (even if only temporarily). For the use of our Services in a HIPAA compliant environment, please see “Industry-based Compliance” section below.
• In addition, we collect Personal Information you submit to us, for example by completing a form on www.mixmax.com. In that case, we may communicate with you, for example by calling you at the phone number you provide, sending you promotional email offers, or emailing you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps enhance our engagement with you and generally improve our Services. If you do not want to receive communications from us, please indicate your preference by sending an email to privacy@mixmax.com.
• When you use the Services and such information is collected automatically. 
• Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. We may use this data to customize content for you that we think you might like, based on your usage patterns, and generally to improve the Services. For more information, please visit our Cookie Policy.

• Third Parties
• Vendors
  • We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
  • We may use vendors to obtain information to generate leads and create user profiles.
• Advertising Partners
• We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.
• Social Networks 
• If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.

Our Commercial or Business Purposes for Collecting or Disclosing Personal Data

• Providing, Customizing and Improving the Services

• Creating and managing your account or other user profiles.
• Processing orders or other transactions; billing.
• Providing you with the products, services or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Services.
• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (the “CPRA”).

• Marketing the Services

• Marketing and selling the Services.
• Showing you advertisements, including interest-based or online behavioral advertising.

• Corresponding with You

• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Mixmax or the Services.
• Sending emails and other communications according to your preferences or that display content that we think will interest you.

• Meeting Legal Requirements and Enforcing Legal Terms

• Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
• Protecting the rights, property or safety of you, Mixmax or another party.
• Enforcing any agreements with you.
• Responding to claims that any posting or other content violates third-party rights.
• Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice. If you are a California resident, please note that we only use or disclose your sensitive personal information for the purposes set forth in section 7027(m) of the CPRA regulations and we do not collect or process sensitive personal information with the purpose of inferring any characteristics about California residents.

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

• Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
• Hosting, technology and communication providers.
• Security and fraud prevention consultants.
• Support and customer service vendors.
• Product fulfillment and delivery providers.
• Payment processors.
• Our payment processing partner Stripe, Inc. (“Stripe”)
• Please see Stripe’s terms of service and privacy policy for information on its use and storage of your Personal Data.

• Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:
• Ad networks.
• Marketing providers.

• Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:
• Companies that track how users found or were referred to the Services.
• Companies that track how users interact with the Services.

• Parties You Authorize, Access or Authenticate
• Third parties you access through the services.
• Other users.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above. 

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.  

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). For more information on our cookies and their expiration times, please review our Cookie Policy at https://www.mixmax.com/legal/cookie-policy. 

To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can access your Cookie management settings by clicking:  Cookie Settings

To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally. 

For example:

• We retain your profile information and credentials for as long as you have an account with us. 
• We retain your payment data for as long as we need to process your purchase or subscription.  
• We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently. 

Mixmax can be effectively deployed within a HIPAA-compliant environment. We have implemented reasonable and accurate safeguards around your electronic Protected Health Information (ePHI), including the specific safeguards of the HIPAA Security Rule. We implement all types of controls - administrative, physical, and technical - against all types of risks - natural, environmental, and technical.

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at privacy@mixmax.com.

If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@mixmax.com. 

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CPRA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested, or if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request. 

Correction 

You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CPRA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request. 

Personal Information Sales and Sharing Opt-Out and Opt-In

In this section, we use the terms “selling” and “sharing” as they are defined in the CPRA. As described in our Cookie Policy, we have incorporated cookies from certain third parties on the Mixmax website. These cookies allow those third parties to receive certain information about your interaction with the website that is associated with your browser or device.  Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under the CPRA, sharing your data through third party cookies for online advertising may be considered a “sale” of information. Additionally, this sharing also constitutes “sharing” for cross-context behavioral advertising under the CPRA. You can opt out of our selling and sharing of your data for these purposes by following the instructions in this section.

We sell and share your personal data with Advertising Partners. Over the past 12 months, we have sold or shared the following categories of your personal data with Advertising Partners: 

• Device/IP Data
• Web Analytics

We have sold or shared the foregoing categories of personal data through third party cookies for online advertising for the following business or commercial purposes:

• Marketing and selling the Services.
• Showing you advertisements, including interest-based or online behavioral advertising.

You have the right to opt-out of the sale of your personal data through third party cookies for online advertising. You can opt-out using the following methods: 

• By implementing the Global Privacy Control or similar control that is legally recognized by a government agency or industry standard. Please note this does not include Do Not Track signals. This must be initiated through your browser and applies to your specific device and browser at the time you send the signal. We will honor such requests in a frictionless manner provided that they are in accordance with applicable laws. 
• Visiting the cookie management settings available here: Cookie Settings  
• Email us at: privacy@mixmax.com  

Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your personal information for at least 12 months. To our knowledge, we do not sell or share cross-context behavioral advertising the personal data of minors under 16 years of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CPRA

We will not discriminate against you for exercising your rights under the CPRA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CPRA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CPRA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you. 

Exercising Your Rights under CPRA 

To exercise the rights described in this Privacy Policy, you or, if you are a California resident, your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request by emailing us at: privacy@mixmax.com.

If you are a California resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@mixmax.com.  

[Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.]

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at privacy@mixmax.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A. 

EU and UK Residents

If you are a resident of the European Union (“EU”), United Kingdom (“UK”), Lichtenstein, Norway or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.  

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Mixmax will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@mixmax.com. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

Personal Data We Collect

The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.

Personal Data Use and Processing Grounds

The “Our Commercial or Business Purposes for Collecting Personal Data” section above explains how we use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

• Contractual Necessity:  We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data. 
• Profile or Contact Data
• Payment Data
• Categories of Data Considered “Sensitive” Under the California Privacy Rights Act and the Virginia Consumer Data Protection Act

• Legitimate Interest:  We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties: 
• Profile or Contact Data
• Commercial Data
• Device/IP Data
• Web Analytics
• Social Network Data
• Professional or Employment-Related Data
• Geolocation Data
• Other Identifying Information that You Voluntarily Choose to Provide
• We may also de-identify or anonymize Personal Data to further our legitimate interests.
  
  Examples of these legitimate interests include (as described in more detail above):
• Providing, customizing and improving the Services.
• Marketing the Services.
• Corresponding with you.
• Meeting legal requirements and enforcing legal terms.
• Completing corporate transactions. 

• Consent:  In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. 

• Other Processing Grounds:  From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Sharing Personal Data

The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties. 

EU and UK Data Subject Rights

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at privacy@mixmax.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.  

• Access:  You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging on to your account.
• Rectification:  If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data by emailing privacy@mixmax.com. 
• Erasure:  You can request that we erase some or all of your Personal Data from our systems.  
• Withdrawal of Consent:  If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services. 
• Portability:  You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible. 
• Objection:  You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes. 
• Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint:  You have the right to lodge a complaint about Mixmax’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

Transfers of Personal Data

The Services are hosted and operated in the United States (“U.S.”) through Mixmax and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Mixmax in the U.S. and will be hosted on U.S. servers, and you authorize Mixmax to transfer, store and process your information to and in the U.S., and possibly other countries. In some circumstances, your Personal Data may be transferred to the U.S. pursuant to  a data processing agreement incorporating standard data protection clauses. 

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

• privacy@mixmax.com 
• 548 Market St PMB 60764 San Francisco, CA 94104-5401

If you are located in the EU or UK, you may use the following information to contact our Data Protection Officer and our EU or UK-Based Member Representative:

• EU Member Representative: DP-Dock GmbH, Attn: Mixmax, Ballindamm 39, 20095 Hamburg, Germany 
• UK Member Representative: DP Data Protection Services UK Ltd., Attn: Mixmax, 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom

Data Protection Officer: support@mixmax.com

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request