Effective Date: September 11, 2020
Ecomail.cz, s.r.o., limited liability company, registered at Municipal Court in Prague, section C, insert 223183, Reg. No. 02762943, with registered office at Na Zderaze 1275/15, 120 00 Prague 2, Czech republic, acting by Jakub Stupka, an email marketing company (“Ecomail”, “we” or “us”), respect your concerns about privacy.
“Customer” is referring to the person or entity that is registered with us to use the Services;
“User” or “you” is referring to Customers and/or to some other individual who visits any of our Websites;
"Data Protection Laws" means all data protection laws and regulations applicable to Europe, including Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) ("GDPR") and Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector;
“Personal Information” is any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
"Sensitive Information" means personal identification number, ID card number, passport number, driver's license number, or similar unique identifier of a natural person; credit or debit card number; employment, financial, genetic, biometric or health information; racial or ethnic origin, political opinions, religious or philosophical beliefs; trade union membership, or information about sexual life or sexual orientation; account passwords; or other information that falls within the definition of "special categories of personal data" under GDPR;
“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
"Security Incident" means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, or alteration of, or unauthorized disclosure of or access to, Personal Information on systems managed or otherwise controlled by us;
“TOPOL.io” is an online free to use email editor that enables users to create responsive email using a drag-&-drop user interface;
“TOPOL.io Pro” is an online charged email editor named “Pro Version”, that enables users to create, save and edit an email message using a drag-&-drop user interface;
“Website” means our website https://topol.io/ (including any third-level-domain and sub-domains);
“Newsletter” means an e-mail to get regular updates from us, and your marketing campaigns;
2. Personal Information we collect about you and how we collect it
Information you voluntarily provide to us: When you sign up for and use the Services, consult with our customer service team, send us an email, integrate the Services with another website or service (TOPOL.io Plugin), or communicate with us in any way, you are voluntarily giving us information that we collect. That Personal Information may include your name, physical address, email address, IP address, phone number, billing information, as well as details including occupation, location, purchase history, and other demographic information. From our Customers that elect to use TOPOL.io Plugin or TOPOL.io Pro, we use this Personal Information in order to communicate with them and fulfill our contractual obligations. On that behalf the Personal Information is being collected, used, disclosed, transferred, and stored by us. We do not and will not collect and store your credit card number.
Information we collect automatically: When you use the Services, we may collect Personal Informations as you use the Website, your usage of the Services, and your web browsing. That information may include your IP address, your operating system, your browser ID, your browsing activity, and other Personal Information about how you interacted with our Website or other websites.
Personal Information from your use of the Services: We may receive Personal Information about how and when you use the Services, store it in log files or other types of files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the application. This type of information helps us to improve our Services for both you and for all of our Customers.
Personal Information from other sources: We may, from time to time, obtain information about you from third party sources, such as public databases, third party data providers, and our joint marketing partners. We take steps to ensure that such third parties are legally permitted or required to disclose such Personal Information to us.
Personal Information related to the use of our Newsletters. We may send newsletters to our Customers to promote our Services and to other users that request information about our Services. We use this information in order to communicate with you.
Sensitive Information. We do not want to, nor does it intentionally, collect Sensitive Information from you in connection with the provision of the Service.
3. Use and disclosure of Personal Information
We may use and disclose your Personal Information only for the following purposes:
To promote use of our services to you and others. We may provide you with information, products, or services that you request from us. If you use any of our Services and we think you might benefit from using another Service we offer, we may send you an email about that. You can stop receiving our promotional emails by following the unsubscribe instructions included in every promotional email we send.
To export your e-mail template to your gmail account. To export your templates directly to your gmail account, it is necessary to connect your gmail account to TOPOL.io. Once you give us permission to connect TOPOL.io to your gmail account we may see the management of drafts. We use this data only to provide accurate TOPOL.io service.
To process Customers payments and to create and manage their accounts. Sending you email, invoices in order to bill and collect money, even money owed to us. In order to secure credit card transaction processing and to process your orders and credit card payments we send billing information to the third parties.
To send you important messages about the Services. For example, we may inform you of temporary or permanent changes to our Services, such as scheduled maintenance.
To respond to your inquiries. For example, if we determine that access to the Services should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
To perform data analysis. Including anonymization and aggregation of personal information. Our data analytics projects use data from TOPOL.io accounts, including Personal Information of Customers, to provide and improve the Service. For example, we use data from TOPOL.io accounts to enable product recommendation, audience segmentation, and predicted demographics features for our Customers.
To operate, evaluate and improve our business (including developing new products and services; enhancing and improving our products and services; managing our communications; analysing our products and customer base; performing data analytics; and performing accounting and other internal functions).
To protect the rights and safety of our Customers and third parties, as well as our own.
To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
To prosecute or defend a court, arbitration, or any other legal proceeding.
To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition.
4. Sharing Personal Information to Third Parties
Service Providers – third party service providers that help us to provide our Services for you. For example, it may be payment processors, analyzing providers, search engine facilities, technical support providers or hosting services.
To provide the TOPOL.io Services Ecomail only uses processors from the EU or from countries that are considered as safe according to the Data Protection Laws.
Information Disclosed for our Protection and the Protection of Others. We may disclose information about you to third parties: (a) if we are required to do so by law, court order or legal process; (b) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (c) under the discovery process in litigation; (d) to enforce our policies or contracts; (e) to collect amounts owed to us; or (f) if we, in good faith, believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes including, for example, to detect unauthorized activity on the Services. In such cases, server log data containing Personal Information may be shared with law enforcement bodies so that they may identify users in connection with their investigation of the unauthorized activities.
We do not collect any unnecessary volume of Personal Information, or any unnecessary Personal Information, or any Personal Information that is unsuitable for achieving the purpose described above.
Ecomail primarily stores Personal Information sent or collected via or by TOPOL.io in the European Union or United States (as applicable), in the cloud, our servers, the servers of our group of companies, or the servers of our Service Providers.
5. Email and Newsletter Policy
We send our Newsletters in accordance with the Data Protection Laws and applicable laws of the Czech republic. It means we will send marketing messages to our Customers or to users when they have subscribed to our Newsletters. We will not send marketing messages you do not have opted out. You can choose not to receive Newsletters in the future by following the “unsubscribe” instructions located near the bottom of each email. We will not share, sell, rent, swap nor authorize any third party to use your email address for commercial purposes without your permission. If you feel you have received an email from us in error, please email@example.com
6. Third party links
7. Credit card number and billing information
With regard to payment information for TOPOL.io Plugin and TOPOL.io Pro subscriptions, we use Braintree as the payment gateway and merchant account provider. You can find more information about their privacy and security policies here.
8. How we respond to Do Not Track signals
We may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioural tracking). Certain web browsers allow you to instruct your browser to send Do Not Track signals to websites you visit, informing those sites that you do not want your online activities to be tracked. We do not currently respond to those signals. If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.
9. Your rights
You can review and change your Personal Information by logging into the Website and visiting your account profile page. You may also send us an e-mail at: firstname.lastname@example.org to request access to, receive, port, restrict Processing, seek rectification or request erasure of Personal Information held about you by Ecomail in order to provide TOPOL.io Services. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. You may also contact Czech Information Commissioner’s Office, which is a relevant authority in a field of data protection. Address: Úřad pro ochranu osobních údajů, Pplk. Sochora 27, 170 00 Praha 7.
Take note you have the following rights under the GDPR:
- the right to be informed about our collection and use of the Personal Information;
- the right of access to the Personal Information that we hold about you;
- the right to rectification if any Personal Information Processed is inaccurate or incomplete;
- The right to be forgotten, means you may ask us to delete any Personal Information Processed sooner than within the expirations of a limited time of the Personal Information are Processed by us (details in section 3);
- The right to restrict the Processing of your Personal Information;
- The right to data portability (obtaining a copy of your Personal Information to use with another service);
- The right to object to us using yourPersonal Information for particular purposes; and
- Rights with respect to automated decision making and profiling.
10. Data retention
When we have no ongoing legitimate business need to Process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
Security measures. We implement and maintain appropriate technical and organizational security measures to protect your Personal Information from Security Incidents – such as storing your Personal Information in an encrypted format and aggregate form –š to avoid the misuse of such Personal Information. You acknowledge that the security measures are subject to technical progress and development and we may update or modify the security measures from time to time.
Security Incident. Upon we are becoming aware of a Security Incident, we shall: promptly notify Customer, in any event no later than 48 hours from becoming aware of the Security Incident; provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer; and promptly take reasonable steps to contain and investigate any Security Incident. Our notification of a Security Incident shall not be construed as our acknowledgment of any fault or liability with respect to the Security Incident.
Confidentiality. We shall ensure that any person who is authorized by us to Process your Personal Information shall be under an appropriate obligation of confidentiality under the GDPR.
Customer responsibilities. However, the safety and security of your Personal Information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping the password confidential. You must keep your username, password, or/and API key(s) secure, and never disclose them to a third party. If you have reason to believe that your passwords or the Personal Information is no longer secure, please promptly notify us at email@example.com.
12. Accountability principle
14. Contact Information