WhiteSES is an email marketing and automation platform as a service (the "Services"), operated by Pointis Solutions Limited, a company registered in England under 10172079, whose registered address is 12 Constance Street, London, England, E16 2DQ. We provide email marketing and automation software as a service. We process Personal Data as a Processor on behalf of the Customer.
- Definitions and Interpretation
- Account means an account required to access and/or use certain areas and features of WhiteSES;
- Cookie means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in Part 14, below;
- Cookie Law means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- What Does This Policy Cover?
- What Is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
- Who is this policy addressed to?
When we refer in this policy to ‘you’, we are referring to a customer of our services, or a person visiting our website. We are not referring to a person receiving an email sent by a customer using our service, or a person on a mailing list maintained by one of our customers. We refer to those people in this policy as ‘Contacts’. We do not have any relationship with Contacts, and process information relating to them solely for the purposes of providing our service to our customers. When we refer to a ‘marketing list’ in this policy, we are referring to details of Contacts (including their email addresses) processed by us on your behalf to provide you with our WhiteSES service.
If you are a Contact and wish to cease receiving emails from one of our customers, please unsubscribe directly using the unsubscribe link in the customer’s email message, or contact the customer directly.
We may conduct an analysis of the events (such as bounces, unsubscribes, clicks, and opens) arising from emails sent using our service this will never be in relation to a specific Contact. It will always be on an aggregated and anonymised basis, which does not identify any individual Contact.
- Information we may collect from you
- Information that you provide to us by filling in forms on our website or by corresponding with us by email, live chat, phone or otherwise. This includes information you provide when you register to use our service, respond to any surveys that we send to you to complete, and when you contact us for any reason. When you register for our service we will collect your username, email, password, your business category, AWS access keys and your IP address. If you contact us, we may keep a record of any information contained in the correspondence.
- With regard to each of your visits to our website, we will collect your IP address. This information is used for fraud and abuse detection.
- We also collect data from you for the purposes of retargeting – see the ‘Retargeting’ section below.
- Payment information: When using our paid service, you will be asked for financial details such as credit/debit card information. The processing of these payments is carried out by our payment processor or PayPal. We do not store any credit or debit card information on our servers.
- How we use your personal information
- to provide you with information or services that you request from us, including responding to any requests for assistance with the service;
- to send you newsletters about our service and notify you about any changes to the service;
- to carry out our obligations arising from any contracts entered into between you and us;
- to administer our site and for internal operations, including troubleshooting;
- to help optimise and develop our service, for example through statistical analysis and research on your use of our service;
- as part of our efforts to keep our website safe and secure and to monitor actual or suspected fraudulent activity;
- and to carry out retargeting advertising (see “Retargeting” section below).
- Our website uses retargeted advertising provided by Facebook and Google. As a result of this retargeting, you may see ads for our services on other sites such as Facebook. This happens in one of two ways:
- One way is that our retargeting provider will read a cookie that is already in your browser, or they will place an anonymous cookie or ‘pixel’ in your browser when you visit our site. This can only happen if your browser is set to let it happen – you can control your settings in your browser to stop this.
- The other method of retargeting is to use your email address to match WhiteSES ads to you when you browse other sites. This involves us sharing your email address with Facebook and Google. This form of retargeting is generally used to update you on new functionality added to the WhiteSES platform.
- Conversely, we also use Facebook to ensure that we don’t present some WhiteSES ads to our existing customers. Again, this involves our sharing your email address with Facebook.
- Your marketing lists
- Your marketing lists are stored in Ireland, within the European Economic Area ("EEA"), on the secure servers of Amazon Web Services (“AWS”). We don't, under any circumstances, sell or share your marketing lists. If someone on your marketing list complains or contacts us, only then we will respond to that person. Only you, and our authorised employees have access to view your marketing lists.
- You may export (download) your marketing lists from WhiteSES at any time. We'll only ever use and disclose the information in your marketing lists for the reasons listed in this section or in the section entitled “How we use your personal information” above.
- We will never use or disclose the information in your marketing lists to send our own informational and promotional content. If we detect abusive or illegal behaviour related to your marketing list, we may share your marketing list or portions of it with affected ISPs or anti-spam organisations. We may also be required to disclose it to law enforcement or regulatory bodies. We will only do so if legally required.
- We may conduct an analysis of your use of the service and the results generated by your emails sent by means of the service. This analysis is conducted solely on an aggregated and anonymised basis.
- How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the Data Protection Legislation, GDPR, and/or to equivalent standards by law.
- Disclosure of your information
We may disclose your personal information to selected third parties, including:
- in the event that we sell or buy any business or assets, the prospective seller or buyer of such business or asset;
- if WhiteSES or substantially all of its assets are acquired by a third party, to the relevant third party;
- business parties and subcontractors for the purposes of providing the WhiteSES services;
- analytics providers that assist us in the improvement and optimisation of our website; and law enforcement agencies or regulatory bodies; or other third parties for fraud detection and prevention. We will only do this is if we are legally required to do so.
- We may also disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions or to protect the rights, property, or safety of WhiteSES, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud detection and protection and credit risk reduction.
- Integrations – Amazon SES and other third parties
- Retention of your Personal Information
The periods for which we keep your information depend on why your information was collected and what we use it for. We will not keep your personal information for longer than necessary for our business purposes or for legal requirements.