Privacy Policy

We’re committed to keeping your data secure, your private information private, and being transparent about our practices.

Effective as of May 22, 2018

Privacy Policy

Thank you for using Mixmax! We take your privacy extremely seriously and would like to describe how we collect, use and protect your information when you access our website(s), products, services and applications (collectively, the “Services”).

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information in order to make our Services available to you, to contact you, and to better understand how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

We do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at privacy@mixmax.com.

Will Mixmax ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but if we do, we will bring it to your attention by placing a notice in the Mixmax app on https://app.mixmax.com, and/or by sending you an email, and/or by some other means. Your use of the Services after any changes to the Privacy Policy have been posted will be considered to indicate your acceptance of the changes.

What Information does Mixmax Collect?

Information You Provide 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 account to your new Mixmax account (using Google’s OAuth authentication method), thereby providing us with access to your Google account, including but not limited to email, Contacts, and Calendar. Although the OAuth authentication provides broad access to your Google account, Mixmax accesses and stores a subset of data from your Google 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 account and stored on Google’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.

Information 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 here: https://mixmax.com/legal/cookie-policy/.

Information Collected From Other Websites and Do Not Track Policy

Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising 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, which means that we may collect information about your online activity both while you are using the Services and after you leave our Services. Do Not Track signals are set on a browser-by-browser basis, so you must set them on every browser you use if you do not wish to be tracked.

Third Party Analytics Services

We use third party analytics services in order to better understand user engagement with the Services. When a user browses or uses the Services, these third party analytics services may collect the user’s IP address, browser type, and approximate location (based on the IP address). They may also use web logs or web beacons and may set and access cookies on your computer or other device. In order to refine our understanding of user engagement, we provide these services with a user’s name and email address (which we collected as part of the user’s account registration process).

Does Mixmax Share Personal Information?

We neither rent nor sell your Personal Information to anyone. However, we may share your Personal Information with third parties as described in this section:

Agents and vendors: We employ other companies and people to perform tasks on our behalf and need to share your information with them, including in some cases the Personal Information you have provided to us, in order to make the Services available to you. For example, we may use third party hosting providers or software developers to help implement and maintain the Services. However, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

Business Transfers: If we are involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event.

Protection of Mixmax and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our applicable terms of use and other agreements; or protect the rights, property, or safety of Mixmax, our employees, our users, or others.

Is Personal Information about me secure?

We will use very diligent efforts to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information can I access?

Because the Personal Information you share with us via the Google OAuth authentication process originates in your Gmail account, if you want to modify that Personal Information you may do so through your Gmail account. Alternatively, you can email privacy@mixmax.com for access to, or to update or delete, your Personal Information that Mixmax has collected.

Industry-based compliance

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.

Transfer to the U.S. or Other Countries

We currently use datacenter facilities located exclusively in the United States. Your information will be stored and processed in the United States or other countries where we decide to maintain datacenter facilities in the future. By using the Services, you consent to the transfer of information outside of your country, even if your country has more rigorous data protection standards. For any Personal Information that may be transferred from the European Economic Area, please see the EU Residents section below, including details about our Privacy Shield certification.

EU Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”). Please see our EU Privacy Policy below.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please don’t hesitate to contact us at privacy@mixmax.com, and we will try to resolve your concerns.

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.

Mixmax EU Addendum to Privacy Policy

Effective as of May 22, 2018

EU Residents

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

For this GDPR Privacy Notice, 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, Inc. (“Mixmax”) will be the controller of your Personal Data processed in connection with the Services.

Where applicable, this GDPR Privacy Notice is intended to supplement, and not replace, Mixmax’s Privacy Policy at https://mixmax.com/privacy (the “Privacy Policy”). If there are any conflicts between this GDPR Privacy Notice and Mixmax’s 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 notice 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 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.

What Personal Data Do We Collect From You?

We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.

  • Personal Contact Details: Full Name, Address, E-mail Address, Phone Number

    • Purpose for Prospects: We process this type of Personal Data in order to sell and market our Services to potential customers who have requested demonstrations of our Services.
      • Legal Grounds: We process this type of Personal Data based on the consent you expressly grant to us at the time we collect such Personal Data.
    • Purpose for Customers: We process this type of Personal Data in order to create an account for you and to provide you our Services.
      • Legal Grounds: We process this type of Personal Data for our legitimate interests in providing the Services and associated support.
  • Other Personal Details: Type of Browser, page and/or feature selection, certain cookie information, Device type, IP Address and associated Location Data

    • Purpose: We process this type of Personal Data in order to provide you our Services.
      • Legal Grounds: We process this type of Personal Data for our legitimate interests in providing the Services and performing web analytics to improve the Services and understand how our customers interact with the Services.
  • Personal Contact Details of Your Recipients: Full Name, E-mail Address

    • Purpose: We process this type of Personal Data in order to provide you our Services.
      • Legal Grounds: We process this type of Personal Data for our legitimate interests in providing the Services and associated support.
  • Other Personal Details of Your Recipients: Type of browser, IP Address and associated Location Data of your email recipients

    • Purpose: We process this type of Personal Data in order to provide you our Services, should you decide to collect these data about your recipients
      • Legal Grounds: We process this type of Personal Data for our legitimate interests in providing the Services.
  • Email content: Content of Customer’s email drafts (temporary storage until such draft email is sent), email subject lines, email content in Sequences and Templates, email content in emails shared via a share link or shared in your live feed.

    • Purpose: We process this type of Personal Data in order to provide you our Services.
      • Legal Grounds: We process this type of Personal Data for our legitimate interests in providing the Services. We encourage Customers not to include any highly sensitive information in their emails to avoid transferring that data to our servers (even if only temporarily).
  • Calendar content and contacts: Content of Customer’s Google Calendar, Google Contacts, and company domain directory.

    • Purpose: We process this type of Personal Data in order to provide you our Services.
      • Legal Grounds: We process this type of Personal Data for our legitimate interests in providing the Services.

How and With Whom Do We Share Your Data?

We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. A list of such vendors, third party service providers and agents can be found here:https://mixmax.com/legal/subprocessors.

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

  • Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
  • Social media services (if you interact with them through your use of the Services)
  • Third party business partners who you access through the Services (e.g. third party applications)
  • Other parties authorized by you

We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected).

We also share Personal Data when we believe it is necessary to:

  • Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
  • Protect us, our business or our users, for example to enforce our Terms of Service, prevent spam or other unwanted communications and investigate or protect against fraud
  • Maintain the security of our products and services

If we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

How Long Do We Retain Your Personal Data?

We retain Personal Data about you for as long as you have an open account with us and for 3 years after you close your account. 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. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally. However, user signup data (your name, your email address, and the fact that you were a Mixmax user) may be retained in third-party analytics services beyond closure of your account, unless you request that your data be deleted.

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device which may include “cookie” information. “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. For more information on our cookies and their expiration times, please review our Cookie Policy at https://mixmax.com/legal/cookie-policy/. Note that in the past, Mixmax used cookies with longer expiration times. Delete your cookies to get the new cookes.

What Security Measures Do We Use?

We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, Mixmax is continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction or alteration. Some of the safeguards we use to protect Personal Data are firewalls, data encryption, and information access controls. For additional information and request our security whitepaper, please visit: https://mixmax.com/security.

Personal Data of Children

As noted in our Terms of Use at https://mixmax.com/terms-of-service, we do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at privacy@mixmax.com.

What Rights Do You Have Regarding Your Personal Data?

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 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 to 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 accessing your account settings.
  • 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. You can also correct some of this information directly by accessing your account settings.
  • 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.
  • 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.

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. You hereby consent to the transfer of your data to the U.S. pursuant to the EU-US Privacy Shield Framework, the details of which are further set forth below.

Mixmax has certified to the EU.-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU. For more information about the Privacy Shield Program, and to view Mixmax’s certification, please visit www.privacyshield.gov. Mixmax is committed to the Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Mixmax’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Please contact us at privacy@mixmax.com with any questions or concerns relating to our Privacy Shield Certification. You may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.

What If You Have Questions Regarding Your Personal Data?

If you have any questions about this GDPR Privacy Notice or our data practices generally, please contact us using the following information:

Name:

Mixmax, Inc.

Physical address:

512 2nd Street, First Floor, San Francisco, CA 94107

Designated representative and contact information:

DP-Dock GmbH Ballindamm 39 20095 Hamburg, Germany

Email address for contact:

privacy@mixmax.com

Data Protection Officer and contact information:

Lo Choe lo@mixmax.com

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