Privacy Policy

Dr. Mailer is committed to protecting and respecting the privacy of its users, and to comply with any law or regulation to which it is subject. This Privacy Policy describes how we collect and use visitors’ personal data when accessing and/or using the Services (as such term is defined below). 

By using all or part of the Services, you signify your assent to the Terms of Service and this Privacy Policy which comprises an integral part of the Terms of Service, with respect to both - as amended, restated or supplemented from time to time. If you do not agree with any of the terms of the Terms of Service (including this Privacy Policy), please do not use the Services.

KEY TERMS

References to "we," "our," "us," or "Dr. Mailer" refer to Dr. Mailer Ltd.

References to "you," "yourself," "your," or "yours," refers to you, a user of all or part of the Services.

“Materials” means, any information (including any mailing lists and/or any other recipient addresses list) you upload to the Services, including, but not limited to, any sort of metadata regarding such materials, and any data or metadata collected in correlation or through such materials (i.e. recipients’ details or behavior or activity identifiers or uploads or subscriptions, etc.).

“Personal Data” means, any information relating to an identified or identifiable natural person, directly or indirectly, by reference to any single or a set or a combination of data regarding said person, that may include a name, an e-mail address, an identification number, location data, an online identifier or any other specific physical or behavioral or social attribute of said person that may identify him/her, by itself or by a combination of such types of data or information.

 “Sensitive Information” means, any (i) identification number, social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (ii) credit or debit card number or other details (or any portion thereof); (iii) employment, financial, genetic, biometric or health information; (iv) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (v) account passwords; (vi) date of birth; (vii) criminal history; (viii) mothers’ maiden names; and/or (ix) or any other information that falls within the definition of “special categories of data” under EU General Data Protection Regulation 2016/679, or any other applicable Law relating to privacy and data protection.

SEPARATE SERVICES AGREEMENT

This Section is relevant to you only if you have entered into a separate services agreement with Dr. Mailer.

PLEASE NOTE, that if you have entered into a separate services agreement with us (the “Separate Agreement”), your use of the Services is subject to the terms of such Separate Agreement, and not to the Terms of Service. HOWEVER, in such event, this Privacy Policy comprises part of such Separate Agreement. In this context, capital terms that were defined both herein and under the Separate Agreement, shall have the meaning ascribed to them under the Separate Agreement, and reference to "we," "our," "us," or "Dr. Mailer" is meant to refer to the "Vendor," as such term is defined under the Separate Agreement, and reference to "you," "yourself," "your," or "yours," is meant to refer to the "Client," as such term is defined under the Separate Agreement. If there is any conflict between a term defined herein and a term defined under the Separate Agreement, the terms of the Separate Agreement shall prevail.

THE SERVICES

The “Services” are comprised from the following services:

(1)    The website available on: https://doctor-mailer.com/ and its subdomains.

(2)    The Mail Lab Pro.

(3)    The Leads Surgeon. 

(4)    The Health Monitor.

(5)    If you have entered into a Separate Agreement with the Vendor, then the Services also include the AutoPilot and this Privacy Policy is the privacy policy referred to under Exhibit ‎7.2 of the Separate Agreement.

WHAT INFORMATION WE COLLECT WHEN YOU USE THE SERVICES?

WHY THIS INFORMATION IS BEING COLLECTED?

HOW THIS INFORMATION IS BEING USED?

The following information is collected when you provide it to us:

1.       Personal Information such as email address, job title, organization, first name, last name, phone numbers and chosen username and password (passwords are encrypted, as stated below).

2.       The password you have selected, if you have registered for the Services. Your password is always stored hashed, and is never intentionally stored in plaintext. Read more on our security practices in the Security section below.

This information is being collected to allow you to access and use the Services, to protect our users from unwanted access to their User Account, to better the Services’ security, to provide updates regarding the Services, including about expected updates, features and maintenance times and to provide any support services Vendor may provide to users of the Services, from time to time.

The following information is automatically collected (technical information and log data):

When you visit, use or otherwise interact with the Services (in any manner and through any means), even if you have not created a User Account, we may be collecting log data about you. This log data may include:

1.       Personal Information identifying your web address, such as IP address.

2.       API key, username, and user ID Device and web browser information.

3.       Operating system type.

4.       Referring web sites pages.

5.       Session information.

6.       Personal Information identifying your location.

This Personal Information and non-identifying information is collected for both visitors’ and users’ metrics and security purposes, such as detecting abuse or infiltration attempts. We also collect and use this information for marketing purposes, to better out understanding regarding the effectiveness of our campaigns and to understand how visitors reach our Services. Such information may be purged periodically, but we reserve the right to retain this information indefinitely.

Financial Information

We do not store financial information. If you have purchased any Services, your payments were processed by BlueSnap, Inc. in accordance with BlueSnap, Inc.’s legal terms of services.

You can request that your financial information be removed from BlueSnap, Inc. by contacting us and providing us with proper assistance in this regard (including in communication with BlueSnap, Inc.). Removal of your financial information from BlueSnap, Inc. will result in the termination of any active Services that require payment.

Information collected using cookies

A cookie is a small data file that is transferred to your computer or mobile device when you visit a website. We use cookies to retain a unique session identifier that allows us to keep your login session open.

Although most web browsers automatically accept cookies, some browsers’ settings can be modified to decline cookies or alert you when a website is attempting to place a cookie on your computer or mobile device. Blocking or disabling cookies will prevent us from logging you in and maintaining your session. Many of our Services will not function properly without this functionality.

We also use cookies to help us to understand the behavior of users and visitors of the Services. This allows us to continuously improve the Services. These cookies are also used to help us understand how effective our Services are; for instance, these cookies tell us which pages visitors go to most often and if they get error messages from web pages. Information these cookies collect may be aggregated, to assist us to improve how the Services work.

You can read more on browser cookies here.

HOW WE SHARE INFORMATION?

From time to time, we may partner with third-party advertising networks and exchanges to display advertising on the Services or to manage and serve our own advertising on other sites. Email addresses and information gathered using cookies (combined together), may be shared with our advertising partners in order to provide you with targeted advertising based on your browsing activities and interests.

Personal Information and information gathered using cookies (combined together), including your email address, contact details and telephone numbers, may also be shared with third parties processing your financial information, as stated above.

Additionally, we may share any Personal Information with third parties: (i) if we believe disclosure is necessary as a matter of applicable law or regulation, (ii) to exercise, establish, or defend our legal rights, (iii) to protect your vital interests or those of any other person, (iv) in case of a sale, merger, consolidation, liquidation, reorganization, or acquisition of our business, and in that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice and we will notify you of the change either by sending you an email or posting a notice on our website, and/or (v) with your permission.

Other than as stated above, we do not share any Personal Information.  Additionally, we do not sell or market any Personal Information and we make no use of Materials (or any underlying information) you upload to the Services.

RIGHTS YOU RETAIN WITH RESPECT TO YOUR PERSONAL INFORMATION

You have the following rights with respect to your Personal Information:

1.       You may access and use the Services to access, correct, update or request deletion of any Personal Information. If are having any difficulty in doing so, you may email us, including detailed request, to: support@doctor-mailer.com.

2.       If you are resident of the European Economic Area, you have the right to object to processing of your Personal Information, ask to restrict processing or request portability of your Personal Information. You can exercise these rights by contacting us, including detailed request, to: support@doctor-mailer.com.

3.       You can always withdraw your consent to the processing of your Personal Information. You can exercise these rights by contacting us, including detailed request, to: support@doctor-mailer.com.

4.       If you feel your rights with respect to the Personal Information has been breached, you are requested to contact us, including detailed request, to: support@doctor-mailer.com.

Note that some of the actions above may cause the Services not to function properly. In such event, Dr. Mailer shall not be deemed to have been breached the Terms of Service, and any payment obligation or other you may have towards us, shall remain in force and effect.

USE OF MATERIALS

You may upload Materials (as defined below) to the Services, when you use and interact with the Services. These Materials are being saved and processed by the Services.  As a condition precedent for your use of the Services, you undertake that shall not use with or in connection with the Services any Materials nor any data (including Personal Data (as defined below) and/or Sensitive Information (as defined below)) other than that sourced legally, and in accordance with and subject to any relevant law under which you operate or which is otherwise applicable to you and to your activity, and where applicable – with its data subjects’ consent to the use of their data and in the form in which it is (or will be) used by you. You shall not provide or pass to us and/or the Services any Sensitive Information. We shall not be liable or responsible in any way to your use or processing or transfer of data via the Services.

We do not use nor do we control or access the Materials. You may remove, alter, dispose or otherwise control the Materials, as you wish and in your sole and absolute responsibility.

FOR EUROPEAN ECONOMIC AREA RESIDENTS

For the purposes of EU data protection legislation, Dr. Mailer Ltd. is the controller of your Personal Information.

SECURITY

What you Need-To-Know ?

We avoid collecting information we do not need or use, outlined in the information collection and use sections above.

We take appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. However, as designated under the Terms of Service and/or Separate Agreement, as applicable to you, we cannot fully prevent any authorized use of Personal Information or Materials. You should carefully review the disclaimers and limitation of liability sections of the Terms of Service and/or Separate Agreement, as applicable to you.

Our user accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party.

If you have any questions about the security of your Personal Information, you may contact us at: support@doctor-mailer.com.

Encrypted Communications

Our Services will always operate over HTTPS to protect communications between yourself and our Services. You can read more on HTTPS here.

Password Storage

Your password is obfuscated securely using a password encryption algorithm and a randomly generated salt. You can read more on password encryption here.

Policy Updates

This Privacy Policy may be updated at any time, with or without notice. Any updates will be reflected here. Only the most current version of this Privacy Policy will govern our information collection, use, and sharing activities. By continuing to use our Services, you agree to be bound by the latest revision of this Privacy Policy.

SEPARATE AGREEMENT

This section is relevant only if you have entered into a Separate Agreement with us. Capitalized terms used throughout this section shall have the meaning set forth under the Separate Agreement. Reference to “Vendor,” means Dr. Mailer, reference to “Client,” means you.

1. With regard to the Services provided by the Vendor, the Vendor has the technical capabilities to act in accordance with and subject to the laws, regulation and procedures applied in each country in which the Client may operate, including, as may be required, in accordance with Directive 95/46/EC and Directive 2002/58/EC, in each case as transposed into domestic legislation of each member state of the European economic area (the “EEA”) and in each case as amended, replaced or superseded from time to time, including without limitation by the EU General data protection law (“GDPR” and collectively with the foregoing “EU Data protection laws”) and any other data protection laws substantially amending, replacing or superseding the GDPR following any exit by the united kingdom from the European union, or, and to the extent applicable, the data protection or privacy laws of any other country including without limitation – Israel, Switzerland, Canada, United States. However, all of the aforementioned in this Section (1) above is/are subject to the Client’s sole responsibility to apply the proper settings within the Platform provided to the Client by the Vendor, and/or upon submission of an explicit request to the Vendor to facilitate necessary measures to comply with relevant data protection laws or regulations or demands.
2. The following terms: “controller”, “processor”, “Processing”, “data subject”, “personal data” – Shall all have the same meaning given to those terms under the EU Data protection laws or the GDPR, as applicable (related terms shall have the corresponding meaning).
3. The Client is solely responsible for the data transmitted to the Platform, including metadata and any other data and information collected from or through the Client’s recipients (where applicable). In addition, it is the Client’s sole responsibility for compartmentalization and/or filtering of the data transmitted by it in advance, including non-transmission of sensitive data of any sort (as defined under the applicable data protection law).
4. The Client undertakes and warrants towards the Vendor and the Vendor Affiliates, that the Client and the Client Affiliates:
1. Shall comply with all applicable data protection laws when processing personal data within or through the Vendor’s’ Platform and/or Services.
2. Shall host, maintain and/or process any data solely for the permitted purposes for which the Client received said data, and where necessary, in accordance with the data subjects’ consent (by any means required by a relevant applicable data protection law).
3. Shall immediately inform the Vendor (in writing), after becoming aware of a personal data breach or any suspected security incident which may involve personal data.
4. Shall exercise and take all actions and legal steps required on its part to comply with, and shall notify Vendor in writing, as soon as possible, when it receives: (i) a request from a data subject to have access to their personal data, and/or delete, review, amend or transfer the data (provided that a notice to the Vendor shall only be required if such information is held by the Vendor); (ii) a complaint regarding data subjects’ data or any other request relating to compliance with data protection laws or regarding any personal data held or processed by or with the Vendor’s platform and under its control. In this regard, the Client shall provide full and immediate cooperation and assistance to the Vendor (on Client’s expense) in order to ensure an appropriate response to any complaint, communication or request from a data subject, including, and without limitation, by:
1. Providing full details of the complaint, communication or request;
2. Complying with a request from a data subject relating its personal data;
3. Providing Vendor with any information requested, relating to the relevant processing of personal data;
4. Deleting, sending, transferring, correcting or retaining any relevant data, as required by an applicable data protection law.
5. The Client acknowledges that in case the Vendor becomes aware of any breach or infringement of data protection laws by the Client, or if it has reasonable suspicion of such, the Vendor will be eligible to withhold any data, funds, access to servers, and suspending any processing activities or any other activities or commitments – by which it will not be held accountable of breach of the Agreement.
5. The Client acknowledges that in any case in which the Vendor might be defined as a data processor of the Client’s data, then the Vendor, when processing the data as a data processor, is relying solely on the Client for direction as to the extent to which the Vendor may be entitled to access or process the data. Consequently, the Vendor will not be liable for any claim brought against the Vendor arising from any action or omission by the processing activity, to the extent that such action or omission resulted from the Client’s instructions or settings (or lack thereof) within the Platform (including the Website or API) or failure to comply with any relevant data protection law or the Agreement.
6. The Vendor warrants that if it receives any request regarding individuals’ personal data, whether by a data subject to view or to amend or to delete its data or by a legal authority regarding said data, the Vendor will bring such request to the attention of the Client as soon as reasonably possible, so that the Client may decide how it wishes to deal with such a request. If such a request is received, and if the Vendor may be required to assist the Client in order to comply with the request, then any expenses that may apply by complying with such a request shall be borne by the Client alone. In any case, for removal of any doubt, the Vendor will not be responsible or liable in any way for any complaint and/or claim and/or damage which may arise from such a request, either from the Client, or data subjects or any relevant legal authority or from any third party who may allege it.
7. While it is the Vendor’s general rule not to disclose any data or information of any sort to any third party unless it is required and essential to supply its Services; in certain limited situations, the Vendor would be obligated to use and disclose data or information for particular ‘national priority purposes’, without obtaining any form of consent, authorization or permission in advance, from the Client or from an affected individual or entity, in the following cases:
1. When explicitly required by applicable law, regulation or regulatory instruction;
2. For fulfillment of a court order or the for judicial and administrative proceedings;
3. By legal requirement of a law enforcement agency or specialized government functions;
4. In order to protect a crucial personal interest of a natural person (health, financial, victims of abuse or neglect, etc.).
8. Client Materials will be retained and stored for the duration of the Services, unless the Client explicitly requests to delete the materials or part of them. Information regarding the Client’s mailing logs and metadata (i.e. mailing transmission status, etc.) will be retained for a maximum of 61 days. Client Materials will be completely and irreversibly deleted no later than 30 days after the Client the Agreement was terminated, for any reason, for a period longer than 10 days, subject to any legal requirement.