Privacy Policy

Privacy Policy

1. Definitions

1.1. In this document, references to "we," "us," "our," and "FlakeMails" pertain to FlakeMails, with its registered address at Bethlen Gabor Utca 3, Kiskunlachaza, 2340, Hungary.

1.2. The term "Services" encompasses the online platforms we provide, enabling users to engage in marketing activities, communicate with others, and manage emails and related information concerning their Subscribers.

1.3. "Member" or "User" refers to individuals or entities registered with us to utilize our Services.

1.4. The term "you" includes both Members and other visitors to any of our Websites.

1.5. A "Subscriber" refers to individuals contacted through our Services or those who may be contacted in the future via our Services. Essentially, a Subscriber includes anyone on your Mailing List or those about whom you have shared information with us.

1.6. "Personal Data" or "Personal Information" denotes any information, including but not limited to first and last names, date of birth, email addresses, gender, occupation, or other demographic details that can identify you or a Subscriber directly or indirectly.

1.7. A "Mailing List" is a compilation of Subscribers and all associated data related to those Subscribers, such as their email addresses.

2. General

2.1. The Services are offered through our website https://flakemails.com.

2.2. This Privacy Policy applies to this website and mobile applications owned or operated by us, collectively referred to as "Websites." The term "Websites" encompasses the Website itself, web pages, interactive features, applications, widgets, blogs, social networks, social network "tabs," or other online, mobile, or wireless offerings that provide a link to this Privacy Policy, whether accessed via a computer, mobile device, or other technological means.

2.3. During the delivery of Services, and as outlined further in this document, we may collect Personal Data about visitors to our Websites, Members, individuals on or associated with Mailing Lists, or Subscribers.

2.4. This Privacy Policy governs our treatment of Personal Data collected during your use of our Services and does not apply to practices of companies we do not own or control, or individuals outside of our management.

2.5. By accessing or using the Service, you acknowledge your acceptance of the practices and policies outlined in this Privacy Policy, our Cookie Statement, and related documents. You hereby consent to our collection, use, and sharing of your data as described.

2.6. Your use of the Service is subject to the Terms of Service, which incorporates this Privacy Policy. Terms not defined in this Policy are defined in the Terms of Service.

2.7. We do not knowingly collect or solicit Personal Data from individuals below the legal age (as per the jurisdiction). If you are under the legal age, please refrain from attempting to register for the Services or providing any Personal Data about yourself.

2.8. If we discover that we have inadvertently collected Personal Data from anyone under the legal age, we will promptly delete that information. If you believe someone under the legal age has provided us with Personal Data, please contact our Customer Support staff at [email protected].

3. Contact Us

3.1. For inquiries, comments, updates, deletions, or modifications of Personal Data, or to address privacy concerns, please reach out to our Customer Support Team at [email protected].

4. Changes

4.1. As we continuously enhance our Service, modifications may occur over time, including periodic updates to this Privacy Policy. Notice of these changes will be provided through announcements posted on our website, email communication, or other appropriate means.

4.2. Please be aware that even if you have chosen not to receive legal notice emails from us, such notices will govern your use of the Services, and you are responsible for reviewing and comprehending them. Your continued use of the Services after any Privacy Policy changes are posted indicates your agreement with these changes.

4.3. Our electronically or properly stored copies of this Privacy Policy are deemed the true, complete, valid, authentic, and enforceable versions in effect on the respective dates of your website visits.

5. Your Data

5.1. User-Provided Data

5.1.1. When interacting with our Services, such as during the registration process, communication with our customer support team, email correspondence, integration of our Services with other websites or services, or any form of interaction with us, you voluntarily provide information that we collect. This information may include details about you or your Subscribers, such as:

5.1.1.1. Name
5.1.1.2. Email address
5.1.1.3. Physical address
5.1.1.4. IP address
5.1.1.5. Phone number
5.1.1.6. Age

5.1.2. Additionally, it may include more specific data, such as gender, occupation, location, purchase history, and various demographic details. By providing us with this data, you consent to us collecting, using, disclosing, transferring, and storing this information in accordance with our Terms of Use and the provisions outlined in this Privacy Policy.

5.2. Automatically Collected Data

5.2.1. Every interaction with our Service results in the automatic receipt and recording of information concerning your visit to our websites, utilization of our Services, and web browsing activities. This automatically collected data may include:

5.2.1.1. IP address
5.2.1.2. Operating system
5.2.1.3. Browser identification
5.2.1.4. Browsing behavior
5.2.1.5. Interaction patterns with our websites or other online platforms

5.2.2. We gather this data through log files and the deployment of cookies and similar tracking technologies. This information may be associated with your account and integrated with other data we collect about you. We utilize this data to tailor content based on your preferences and to enhance our Services.

5.2.3. Further details regarding our use of cookies and tracking technologies are provided in our Cookie Statement.

5.3. Cookies and Tracking

5.3.1. In collaboration with our partners, we utilize various technologies to collect and store data during your use of our Services. This includes the use of cookies, pixels, and web beacons on our website. These technologies are employed for analyzing trends, administering the website, tracking user movements, serving targeted advertisements, and compiling demographic information about our user base. Users have the ability to manage cookie usage at the individual browser level.

5.3.2. We collaborate with third parties for advertising purposes on our website or for managing and distributing our advertising on other platforms. These third-party associates may use cookies or similar tracking technologies to provide advertising or content tailored to your browsing activities and interests. Please note that this Privacy Policy does not cover the use of cookies by third parties, and we are not responsible for their privacy policies and practices. Additionally, it's crucial to be aware that cookies placed by third parties may persist in tracking your online activities even after leaving our Services, and these third parties may not honor "Do Not Track" requests configured in your browser or device.

5.3.3. "Cookies" are markers transferred to your browser or device, enabling us to recognize your browser or device and provide insights into the usage of pages and features within our Services. You may choose to adjust your browser or device preferences to prevent or limit the acceptance of cookies, although this may impact your ability to utilize certain features.

5.3.4. For more comprehensive information regarding our use of cookies and other tracking technologies, we direct you to our Cookie Statement. Please note that our Cookie Statement is an integral part of this Privacy Policy.

5.4. List and Email Data

5.4.1. When incorporating a Mailing List or composing an email using our Services, we may access the data within your list and the content of the email intended for dispatch through the FlakeMails service.

5.5. Employment of Web Beacons

5.5.1. Web beacons are utilized on our Websites and within the emails we transmit. When sending emails to Members, we monitor actions such as email opens and link clicks. This monitoring allows us to assess the effectiveness of our email campaigns and refine features for specific Member segments. To facilitate this, we embed single-pixel images, also referred to as web beacons, in the emails we distribute.

5.5.2. These web beacons enable us to gather information regarding the timing of email opens, IP addresses, browser or email client types, and similar details.

5.5.3. Web beacons are also included in the emails sent on your behalf. The data derived from these web beacons is used to generate reports on the performance of your email campaigns and the actions taken by your Subscribers.

5.5.4. These reports are also accessible to us when sending emails to you, allowing us to accumulate and review the relevant data.

5.6. Utilization of Web Beacons

5.6.1. Web beacons are employed on our Websites and within the emails we transmit. While dispatching emails to Members, we monitor actions such as email opens and link clicks. This monitoring enables us to evaluate the effectiveness of our email campaigns and enhance features for specific Member segments. To facilitate this, we incorporate single-pixel images, also denoted as web beacons, in the emails we distribute.

5.6.2. These web beacons allow us to collect information regarding the timing of email opens, IP addresses, browser or email client types, and similar details.

5.6.3. Web beacons are also integrated into the emails sent on your behalf. The data derived from these web beacons is utilized to generate reports on the performance of your email campaigns and the actions taken by your Subscribers.

5.6.4. These reports are accessible to us when sending emails to you, enabling us to compile and review the pertinent data.

5.7. Data Sourced from External Channels

5.7.1. Periodically, we may acquire information about you or your Subscribers from third-party sources, including public databases, social media platforms, external data providers, and collaborative marketing partners. We ensure that such third parties are legally authorized or obligated to disclose this information to us. The received information encompasses demographic data, device details (such as IP addresses), location data, and online behavioral information. This information, either independently or in conjunction with other data, including Personal Data we collect, is employed to augment our ability to offer relevant marketing content and services.

5.7.2. This assists us in developing and providing you with more suitable product features and services. Please note that FlakeMails does not amass, retain, or distribute end-user information, including unique user identifiers or personally identifiable information gathered on websites or applications not owned by FlakeMails.

5.7.3. We may merge Personal Data with other data we collect or obtain about you, such as information acquired from our third-party associates, to serve you in a personalized manner. This may involve delivering a product or service tailored to your preferences or limitations, or for advertising and targeting purposes, in alignment with the provisions detailed in this Privacy Policy. When combining Personal Data with other data in this manner, it is treated as Personal Data, and all protective measures articulated in this Privacy Policy are applied to it.

5.8. Anonymous Data

5.8.1. Records of Anonymous Information may be generated by excluding elements, such as your name, rendering the data personally unidentifiable. This Anonymous Information is employed to analyze request and usage patterns, enabling us to enhance the content of our Services and improve website navigation. FlakeMails retains the right to use Anonymous Information for any purpose and may disclose it to third parties at its discretion

6. Public Information and Third-Party Websites

6.1. Our websites contain links to other websites, each of which adheres to privacy practices distinct from our own. If you opt to submit Personal Data to any of these websites, the handling of your information will be governed by their respective privacy policies.

6.2. We strongly recommend a thorough review of the privacy policy of any website you visit. Our websites feature social media components that may collect information related to your IP address and the specific webpage you are viewing. To ensure proper functionality, these components may establish a cookie. Social media components and widgets are hosted by third parties or directly on our website. Additionally, we maintain a presence on various social media platforms, including LinkedIn, Google+, Facebook, and Twitter. It is important to note that any information, communications, or materials you submit to us via a social media platform is done at your own risk, without any expectation of privacy.

6.3. We exercise no control over the actions of other users on these platforms or the actions of the platforms themselves. Your interactions with these features and platforms are governed by the privacy policies of the respective companies providing them.

7. Use and Disclosure of Personal Information

7.1. We may use and disclose Personal Data for the following purposes:

7.1.1. Registration with our service.
7.1.2. Fulfillment of contractual obligations to which you are a party.
7.1.3. Promotion of the use of our services to you and others.
7.1.4. Delivery of informational and promotional content in accordance with your marketing preferences.
7.1.5. Invoicing and collection of payments owed to us by our members.
7.1.6. Participation in contests.
7.1.7. Transmission of System Alert messages.
7.1.8. Communication with our members about their accounts and provision of customer support.
7.1.9. Enforcement of compliance with our Terms of Use and applicable laws.
7.1.10. Safeguarding the rights and safety of our members, third parties, and ourselves.
7.1.11. Providing information to representatives and advisors, including attorneys and accountants, to assist in legal, accounting, or security matters.
7.1.12. Prosecution and defense of legal proceedings, be it in court, arbitration, or similar forums.
7.1.13. Response to lawful requests from public authorities, including those related to national security or law enforcement.
7.1.14. Provision, support, and enhancement of the services we offer.
7.1.15. Furnishing suggestions to you.
7.1.16. Transfer of your information.

8. Your Specific Rights Concerning Personal Data

8.1. Right of Access: In accordance with the stipulations outlined in this Privacy Policy, we articulate the specifics of the data we collect and the manner in which it is utilized. You, along with your Subscribers or contacts, possess the entitlement to directly contact us, invoking the right of access to the information we maintain about them, as delineated in Article 15 of the EU General Data Protection Regulation (GDPR).

8.2. Right to Erasure (Right to Be Forgotten): You hold the authority to terminate your account at your discretion, prompting the permanent deletion of your account and all associated data. Additionally, you retain the ability to delete individual Subscribers at their request. Furthermore, individual Subscribers maintain the option to approach us directly, seeking the deletion of their data from individual FlakeMails user accounts or across multiple FlakeMails user accounts (in cases where the Subscriber's email address is present on multiple FlakeMails user lists). It is imperative to note that FlakeMails lists operate independently, and the removal of a Subscriber from one list does not ensure the deletion of the same email address from other lists in which it may be enlisted.

8.3. Right to Rectification: You may, at any time, access and update your FlakeMails account settings to rectify or augment your account information or subscriber/contact details in accordance with their requests. Moreover, you have the option to engage with FlakeMails directly at any time to access, correct, amend, or delete information within our possession. Additionally, any data subject, including your subscribers and contacts, is entitled to contact FlakeMails directly to access, correct, and/or delete information held by FlakeMails concerning them.

We commit to providing any individual, whether you or a Subscriber, access to any Personal Data within our custody within 30 days of receiving a request for such information. Individuals may seek access, correction, amendment, or deletion of their information by reaching out to our support team at [email protected]. Unless restricted by law, we will expunge Personal Data from our servers upon the request of an individual, whether it be you or a Subscriber. No fees are associated with accessing or updating Personal Data.

8.4. Right of Portability: At your request, we will export your account data to a third party at any time.

9. Data Collection for and by Our Members

9.1. As you engage with our Services, there exists the possibility of importing Personal Data obtained from your Subscribers or other individuals into our system. It is imperative to underscore that we maintain no direct relationship with your Subscribers or any individuals, except for yourself. Consequently, you are entrusted with the responsibility of ensuring that appropriate permissions are secured for us to collect and process information about these individuals, with explicit consent being of paramount importance.

9.1.1. Consent must be specific to your intended purposes.

9.1.2. Silence, pre-ticked boxes, or inactivity do not serve as indicators of consent; data subjects must explicitly opt-in for the storage, utilization, and management of their personal data.

9.2. The meticulous maintenance of accurate records pertaining to your Subscribers' and contacts' consent for email communication, storage, and use of their personal data, as well as any other processing activities you undertake, is of utmost significance.

9.3. In alignment with the use of Personal Data, as delineated in preceding sections, we reserve the right to transfer Personal Data concerning you or your Subscribers to companies assisting us in promoting, providing, or supporting our Services or the services of our Members, commonly referred to as "Service Providers." All Service Providers engage in contractual agreements with us, ensuring the protection of Personal Data and restricting its use in accordance with this policy. As part of our Services, we may leverage information provided by you, collected from you, or gathered about Subscribers, including Subscriber email addresses, and share such information with third parties in compliance with the approved uses described in prior sections.

9.4. If you are a Subscriber and wish to discontinue receiving communication from one of our Members, kindly unsubscribe directly from that Member's newsletter or directly contact the Member to update or delete your data. Should you choose to contact us, we will promptly address your request for information removal or update, after notifying the Member.

9.5. Your Mailing Lists

9.6. Mailing Lists can be curated through various methods, such as contact imports, including those from CSV files or directly from your email client. Your Mailing Lists are securely stored on FlakeMails servers. It is essential to emphasize that, under no circumstances, do we engage in the sale of your Mailing Lists. In the event of a complaint or contact from someone on your Mailing List, we may initiate contact with that person. Access to view Mailing Lists is restricted to authorized personnel only. You retain the ability to export (download) your Mailing Lists from FlakeMails at your convenience.

9.7. The information within your Mailing Lists will be utilized and disclosed exclusively for the purposes previously elucidated.

10. Members and Subscribers Email Tracking

10.1. FlakeMails servers abstain from recording the email addresses of visitors or Members, unless explicitly required for specific purposes such as user identification for a registered and/or restricted-use service or tool.

10.2. FlakeMails staunchly refrains from the sale or sharing of Members' email addresses with third parties. Email addresses and other associated information generated by Members are held in the strictest confidence.

10.3. FlakeMails retains Members' email addresses to facilitate the transmission of follow-up messages or company news. These email addresses may also be employed for the direct marketing of FlakeMails products to customers.

10.4. If you wish to discontinue receiving future email communications from FlakeMails, please take one of the following actions:

10.5. Opt to unsubscribe from receiving FlakeMails news and updates at https://flakemails.com/login/ (this section is available exclusively to existing FlakeMails customers). Respond to our message with 'UNSUBSCRIBE' in the subject line.

11. Disclosure of Personal Information to Third Parties

11.1. We may disclose Personal Data to the following categories of third parties for the purposes outlined in this policy:

11.1.1. Service Providers: Occasionally, we share your information with third-party Service Providers who assist us in providing and supporting our Services. For instance, if fulfilling a requested feature, such as Social Profiles, necessitates the sharing of your Personal Data or your Subscribers' Personal Data, we may share it with a Service Provider specifically for that purpose. These third-party Service Providers, like other third parties we collaborate with, enter into contracts obliging them to utilize your Personal Data solely for the provision of services to us, and in a manner consistent with this policy.

11.1.2. Advertising Partners: We may form partnerships with third-party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other platforms. For this purpose, Personal Data may be shared with these advertising partners. All third parties receiving this information are obligated to employ your Personal Data in a manner that aligns with this policy. Both we and our third-party partners may utilize cookies and other tracking technologies, such as pixels and web beacons, to collect data about your activities on our Websites and other platforms. This data is used to deliver targeted advertising in accordance with your browsing behaviors and interests. For more information about cookies and tracking technologies, kindly refer to our Cookie Statement.

11.1.3. Social Media: As detailed above.

11.1.4. CMS, CRM Systems, and Other Integrated Websites: Integrated with our Services at your request.

12. Contests

12.1. Periodically, we may host surveys, contests, or other promotions on our Websites or through social media platforms, collectively referred to as "Our Promotions." Participation in these promotions is entirely voluntary.

12.2. Information requested for entry may include personal contact details, such as your name, address, date of birth, phone number, email address, username, and similar particulars. We utilize the information you provide for the administration of Our Promotions. Unless prohibited by the rules of the specific Promotion or applicable laws, we may use the provided information for communication purposes, either with you or individuals you designate, related to our Services. This information may also be shared with our affiliates and other organizations or Service Providers in adherence to this policy and the regulations outlined for the Promotion.

13. Storage of Information Under Your Account

13.1. Information deposited and retained within the designated areas on the FlakeMails website (e.g., Members' personal accounts) for the storage and retrieval of personal data or to deliver requested services is intrinsically linked to the username and password of the account holder. Information stored or passing through our systems (e.g., email lists or email message content, passwords, etc.) is considered the property of the account owner.

13.2. FlakeMails refrains from monitoring, reviewing, or accessing such information without the explicit consent of the owner, except when necessary to ensure the proper operation of all FlakeMails service-related systems.

13.3. Your Mailing Lists are securely stored on a FlakeMails server, and we categorically do not engage in the sale of your Mailing Lists. If any individual on your Mailing List lodges a complaint or contacts us, we may subsequently reach out to that person. Exclusive authorization is granted to designated personnel for accessing Mailing Lists. You retain the ability to export (download) your Mailing Lists from our Services at your convenience.

13.4. The information stored under your account will be utilized and disclosed solely for the purposes discussed previously.

14. Accuracy and Retention of Data

14.1. Personal Data processed on behalf of our Members will be retained for the duration necessary to deliver our Services, fulfill legal obligations, settle disputes, prevent misuse, and enforce our agreements.

14.2. We are committed to maintaining the accuracy and currency of your data to the extent that you provide us with the necessary information to do so. It is your responsibility to notify us of any changes to your data. Upon request, we will disclose whether we possess or process any of your Personal Data on behalf of a third party. Your information will be retained as long as your account remains active or for the duration required to provide you with our Services.

15. Protection of Your Personal Data

15.1. We implement reasonable and appropriate measures to safeguard Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, taking into account the inherent risks associated with processing and the nature of the Personal Data.

15.2. FlakeMails does not retain individual Internet account passwords in accessible formats, and no passwords are disclosed or modified without proper authorization from the account owner or an authorized party.

15.3. Additionally, information collected via our websites or over the Internet is transmitted using contemporary industry-standard security and encryption methods designed to protect our customers' information from unauthorized access or utilization.

15.4. We recommend that you maintain the confidentiality of your password and periodically change it to enhance the protection of your personal data.

15.5. Our servers and offices are situated in Bethlen Gabor Utca 3, Kiskunlachaza, 2340, Hungary, which may result in the transfer, storage, or processing of your information in these countries. While the data protection, privacy, and other regulations in these countries may not be as comprehensive as those in your own, we take numerous measures to safeguard your privacy. By utilizing our Websites, you acknowledge and consent to the collection, storage, processing, and transfer of your information to our facilities in these countries and to the third parties with whom we share it, as delineated in this policy.

15.6. FlakeMails ensures that all actions concerning Personal Data are conducted in full compliance with this Policy and the principles stipulated in the EU GDPR.