Updated February 15, 2023
This is the Privacy Notice for OptiMail Pro, LLC. (collectively, “OptiMail Pro,” “us,” “our,” or “we”). It explains how we collect and use information on OptiMailPro.com and other websites we own or operate (collectively, the “Site”), our suite of software and professional services owned and operated by OptiMail Pro, LLC. or its affiliates and/or delivered under the business name OptiMail Pro (the “Software”) for managing contacts and designing, implementing, and administering email, sms, and certain other marketing programs, our other digital properties or services, and your communications with us by any means (collectively with the Site, Software, and Programs, the “Services”). Please read this Privacy Notice carefully to understand our privacy practices.
This Privacy Notice applies to OptiMail Pro’s activities in, or for Users and includes supplemental notices specific to residents of California.
This Privacy Notice is governed by and part of our General Conditions of Use of OptiMail Pro Services (the “General Terms”). Your use of our Services is subject to this Privacy Notice and our General Terms, including its applicable limitations on damages and the provisions regarding resolution of disputes. Capitalized terms not defined in this Privacy Notice have the meanings given to them in the General Terms. Any additional notices we may provide you about our privacy practices will be considered to form part of this Privacy Notice.
Note that this Privacy Notice DOES NOT apply to any third-party websites, platforms, or activities, such as a Customer’s websites or marketing practices. If you are a Contact of our Customer(s), your use of a Customer’s website or receipt of marketing communications from an OptiMail Pro Customer is governed by the Customer’s privacy notice, and OptiMail Pro has no control over their privacy practices.
By using or accessing our Services in any manner, you acknowledge and accept this Privacy Notice, and you consent to OptiMail Pro’s collection, use, and disclosure of your information as described below. If you do not agree with this Privacy Notice, do not use our Services.
As used in this Privacy Notice, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information falls into various categories, such as identifiers, protected information, sensitive personal information (e.g., social security number, race, health data, or union membership), biometrics, commercial history, employment-related data, nonpublic educational information, internet activity, or inferences drawn to create a consumer profile. The use of sensitive personal data on the Platform and as part of the Services is forbidden.
Personal Information does not include
(i) publicly available information
(ii) aggregate information, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; or (iii) de identified information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer.
The types of Personal Information we collect and how it is used depends on how you interact with us, such as a Site visitor, a OptiMail Pro customer using the Services or representative of a customer (a “Customer”) or as a Customer’s marketing contact (“Contact”). OptiMail Pro only collects, uses, retains, and shares Personal Information as reasonably necessary and proportionate to provide the Services or for other purposes that we disclose to you and are compatible with the context of how we collected your Personal Information. We will update this Privacy Notice or otherwise notify you before we collect additional categories of Personal Information from consumers or use such Personal Information for purposes that are incompatible with the purpose stated at the time of collection.
During the preceding 12 months, we have collected these categories of Personal Information:
We collect Personal Information from the following sources and use that information as described below:
OptiMail Pro does not knowingly collect Personal Information from children under 16. However, we cannot control the Personal Information our Customer’s collect. If a Customer chooses to input Personal Information of children under age 16 on the Services, that Customer does so under its own privacy practices, not ours. OptiMail Pro is not responsible for a Customer’s failure to comply with any law designed to protect children or any other law governing the Customer’s use of our Services. Please contact the Customer directly if you have questions about their privacy practices. As part of our commitment to your privacy, we encourage you to contact us at privacy@OptiMailPro.com. if you believe we might have collected any information online from a child under 16, or if you are aware of any unauthorized submission of information to us. OptiMail Pro reserves the right to delete any information from our systems if we discover it was improperly collected.
In addition to the specific uses described above, OptiMail Pro might also use your Personal Information to:
Categories
In the preceding 12 months, OptiMail Pro has disclosed all categories of Personal Information that we collected for a business purpose.
Recipients
OptiMail Pro may disclose Personal Information to the recipients described below, or to other recipients with your permission or as required by law.
Aggregated and De identified Information
We reserve the right to disclose aggregated, anonymized, or deidentified information about any individuals with affiliated or non affiliated entities for marketing, advertising, research, or other purposes, without restriction. For example, we may share reports showing trends about the general use of our Services without identifying an individual.
OptiMail Pro believes you should have the ability to control the Personal Information we collect and hold about you on your own. You can use the methods described below to control how we collect and use your Personal Information.
Depending on where you reside, you may have additional privacy rights or be entitled to additional controls over your Personal Information. Please see our supplemental notices specific to residents of California.
If you wish to exercise your privacy rights beyond the methods available through the Platform, or if you want to express concerns, lodge a complaint, or request information, please submit a verifiable Consumer Privacy Request by sending an email to privacy@OptiMailPro.com.
Note that if you are a Customer’s Contact, then we process your Personal Information as a service provider to the Customer and we cannot fulfill your request directly. In that case, we will relay your request to the appropriate Customer for further processing and fulfillment, provided that we have sufficient information to do so.
OptiMail Pro can only fulfill a Consumer Privacy Request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Information, and to properly understand, evaluate, and respond to the request. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We endeavor to respond to Consumer Privacy Requests in accordance with the requirements of the law applicable to your jurisdiction. Depending on the circumstances and the nature of your request, we may be unable to fulfill your request in part or in whole, for example, if your request falls within a statutory exception or if fulfilling your request would prevent us from complying with a statutory or contractual obligation.
This section provides residents of the State of California (“California Consumers”) with the disclosures and notices required under the California Consumer Privacy Act of 2018 (“CCPA”). The following paragraphs apply solely to California Consumers and describe the specific rights afforded under the CCPA. California Consumers may exercise the following rights over their Personal Information, subject to any exceptions and limitations that may apply:
California Consumers may exercise these rights over their Personal Information by logging into their Customer account or by sending us a verifiable Consumer Privacy Request, subject to any exceptions and limitations that may apply.
Employee Data Exception
In many cases, the Personal Information we collect about you is in a business-to-business context when you are acting as an employee to a Customer or potential Customer in the performance of your job duties. Please note that Personal Information collected and used in this context is not protected under the CCPA.
OptiMail Pro implements reasonable and appropriate security procedures and practices to help protect your Personal Information from unauthorized or illegal access, destruction, use, modification, or disclosure. We employ a series of security measures, including a multi-level firewall, encryption, and anti-virus and intrusion detection solutions. All data is stored on secure servers in Tier 3 and PCI DSS certified data centers and is only accessible to our personnel and contractors via authentication measures. We ensure that OptiMail Pro employees, contractors, and agents responsible for handling your inquiries are informed of applicable privacy law requirements and we restrict access to those who need that information in order to process it.
Please note, however, that no transmission of data over the internet is 100% secure. We cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes. We also have no control over our Customers’ security measures or practices, and we make no representations or guarantees that your Personal Information is secure once transmitted or stored on their systems.
It is your responsibility to keep your Customer account secure from unauthorized access. We encourage our Customers to take steps to protect against unauthorized access to their accounts, such as choosing a robust password, keeping the password private, and signing off after using a shared computer or other device. OptiMail Pro is not responsible for any lost, stolen, or compromised passwords, or any unauthorized activity on your account.
OptiMail Pro’s platform complies with the Google API Services user Data Policy, including the Limited Use requirements. Any use and transfer of information received from Google API’s from OptiMail Pro’s platform to any other applications will be required to adhere to Google API Services User Data Policy, including the Limited Use requirements.
The Services may contain links to websites owned or operated by third parties. We have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third-party websites. We encourage you to read the privacy statements of each website that collects your Personal Information.
Changes to this privacy notice
In the course of its activity and for the purposes of providing the Services (as defined in our General Terms of Use), OptiMail Pro is required to collect and process the personal data of its users (hereafter referred to as the “Users”).
This privacy policy, implemented by OptiMail Pro, is intended to provide the Users with a summary and overview of the processing of personal data carried out by OptiMail Pro.
OptiMail Pro attaches particular importance to the respect for the privacy of the Users and of the confidentiality of their personal data, and is thus committed to processing the data in compliance with the applicable laws and regulations, and in particular Law No. 78-17 of January 6, 1978 relating to Information Technology, Data Files and Civil Liberties (hereafter referred to as the “Data Protection Act”), and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereafter referred to as the “GDPR”).
OptiMail Pro collects data from Users in order to make the Services for which they have subscribed to the platform available to them.
The mandatory or optional nature of the data provided (in order to complete the Users’ registration and to render the Services) is indicated at the time of collection by an asterisk. In addition, certain data is collected automatically as a result of the User’s actions on the site (see the paragraph on cookies).
The personal data collected by OptiMail Pro during the provision of the Services is necessary for the performance of the contracts concluded with the Users, or to allow OptiMail Pro to pursue its legitimate interests while respecting the rights of the Users. Certain data may also be processed based on the Users’ consent. The purposes for which OptiMail Pro processes data are the following:
The personal data collected is intended for OptiMail Pro’s commercial and accounting departments. It may be transmitted to OptiMail Pro’s subsidiaries, or to third-party data processors which OptiMail Pro is authorized to use within the context of the performance of its Services.
In this context, personal data may be transferred to an EU or non-EU country. OptiMail Pro implements guarantees ensuring the protection and security of this data, in compliance with applicable rules and regulations.
OptiMail Pro does not transfer or rent personal data to third parties for marketing purposes without the express consent of the Users of OptiMail Pro.
In addition, personal data may only be disclosed to third parties for purposes other than marketing in the following cases:
To satisfy its legal obligations or in order to have the necessary elements to assert its rights, OptiMail Pro will be able to retain the data under the conditions established by applicable rules and regulations.
Thus, personal data collected by OptiMail Pro relating to the identity and contact details of its Users is retained for a maximum period of two years after the termination of the contractual relationship for Users that are customers, or from their collection by the data controller or the last contact from the Users that are prospects, for the data relating to the latter.
The termination of the contractual relationship is understood as the express termination of the contract by the User, or the non-use of OptiMail Pro Services for a period of five years.
In accordance with applicable rules, the Users have the right to access and rectify their personal data, which enables them to rectify, complete, update, or delete data that is inaccurate, incomplete, ambiguous, or outdated, or whose collection, use, communication, or storage is prohibited.
The Users also have the right to request the limitation of the processing, and to oppose on legitimate grounds the processing of their personal data. The User may also communicate instructions on the fate of their personal data in the event of their death.
Where applicable, the User may request the portability of their personal data or, where the legal basis for the processing is consent, withdraw their consent at any time.
The Users may exercise their rights by sending an email to privacy@OptiMailPro.com.
These requests shall be processed within a maximum period of 30 days.
The Users may also at any time modify the data pertaining to them by logging on to https://www.OptiMail Pro.com and clicking on “edit my profile” or by contacting the customer relations department at support@OptiMailPro.com.
The Users may unsubscribe from the OptiMail Pro newsletter or marketing emails by following the unsubscribe links in each of these emails.
The Users may access detailed information on the use of their personal data, in particular concerning the purposes of the processing, the legal bases enabling OptiMail Pro to process the data, its storage period, its recipients, and, where applicable, its transfer to a country outside the European Union as well as the related compliance guarantees put in place for such transfers. To do so, the User can send their request by email to privacy@OptiMailPro.com.
For more information about how OptiMail Pro handles cookies, please visit our cookie policy page.
OptiMail Pro has taken all necessary precautions to preserve the security of personal data and, in particular, to prevent it from being accessed by unauthorized third parties, distorted, or damaged.
These measures include the following:
In addition, access to processing data on behalf of OptiMail Pro by the receiving third-party services requires authentication of the persons accessing the data, by means of an individual access code and password, that is sufficiently robust and regularly renewed.
Data transmitted over unsecured communication channels is subject to technical measures designed to make such data incomprehensible to any unauthorized person.
Any questions about the security of the OptiMail Pro website can be directed to support@OptiMailPro.com.
OptiMail Pro reserves the right to change this Privacy Policy to comply with changes in the applicable laws and regulations.
The Users shall be notified of any changes made to this policy via our website or by email at least thirty days prior, when possible, to their entry into force.
We may periodically update this Privacy Notice. If we make any material changes, we will notify you by updating this posting or by posting notice in the Services. The date that this Privacy Notice was last revised is identified at the top of the page. Your continued use of the Services after the effective date will be subject to the new Privacy Notice. You are responsible for periodically checking this Privacy Notice for changes.
If you have questions about our privacy practices or would like to make a complaint, please contact us at privacy@OptiMailPro.com, or by mail at OptiMail Pro, HQM Media Companies, 119 W. Gregory Blvd. #8511, Kansas City, MO 64114.