Privacy Policy
At MailAir, protecting your privacy and the privacy of anyone receiving your email is very important to us. The purpose of this Privacy Policy is to make MailAir safe and appropriate for everyone. Our Privacy Policy applies to your use of MailAir's Services and describes the kind of information we process, how it is processed and why.
As used in these Terms, "MailAir" means:
(a) Creative Management Kft., a Hungarian registered company at Boksa tér 1/A, Veszprém, 8200, Hungary.
MailAir provides email marketing and automation software as a service. We process Personal Data as a Processor on behalf of the Customer.
1. Definitions
1.1. "Controller" means an entity that determines the purposes and means of the Processing of Personal Data.
1.2. "Customer" means a person or entity that is registered with MailAir to use the Services.
1.3. "Data Protection Laws" means all data protection and privacy laws and regulations of the EU, EEA, and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data.
1.4. "GDPR" means (a) the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), and (b) the United Kingdom General Data Protection Regulation.
1.5. "Personal Data" means any information relating to an identified or identifiable natural person.
1.6. "Processing" means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction. "Process", "Processes" and "Processed" shall be interpreted accordingly.
1.7. "Processor" means a natural or legal person, public authority, agency, or any other body which Processes Personal Data on behalf of the Controller.
1.8. "Services" means any product or service provided by MailAir pursuant to MailAir's Terms of Use ("TOU").
1.9. "Subscriber" means a person Customer contacts through our Services.
1.10. "We", "us", and "our" refer to the MailAir.
1.11. "You," "your," and "yours" refer to the user.
2. Data Processing
2.1. Consent: by accessing our Services, you accept our Privacy Policy and TOU, and you consent to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy. Each time you visit our website or use the mobile app or the Service, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use, and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create an account with us, this Privacy Policy applies to all users of the website, mobile app, and Services.
2.2. Performance of a contract: by utilizing our Services or accessing our platform, you expressly acknowledge our Processing of your Personal Data in compliance with applicable Data Protection Laws. The Processing of your Personal Data is grounded on the legal basis of contract performance between you and MailAir. We collect and process your Personal Data to deliver the requested Services, meet our contractual obligations, and ensure the seamless functioning of our platform. Specifically, this includes providing you with access to the website, mobile app, and Services.
2.3. If you voluntarily provide Personal Data to MailAir where such data is not specifically requested (e.g., entering Personal Data into fields not designated for that purpose), provision of the Personal Data will be deemed accidental. In these instances, MailAir will not process the data in accordance with the terms of the GDPR and/or this Privacy Policy.
3. What information we Process
MailAir collects both "Personal Data" and "Non-Personal Data" about you and will Process this data for the duration of the Services, as described in the TOU:
3.1. Personal Data:
Customers' information: identification and contact data (name, contact details, username); billing information (billing and mailing addresses, payment information); organization information (name, address, geographic location, area of responsibility, VAT code or other Tax ID), IP addresses, browsing activity, web server logs.
Subscribers' information: email address and any other additional information that Customer provides to MailAir.
3.1.1. At any time, you may log in and change this information, or remove it. You may decline to provide Personal Data to the Services, however, some of the Personal Data we ask you to provide, for example, the email address is mandatory for a Service. If you decline to provide it, we may not be able to provide that service to you.
3.2. Non-Personal Data:
The browser and device information: location, device type, model, number, type of browser or operating system, the time and date of access, screen resolution, plug-ins, add-ons and the version of the Services you are using, and other information that does not personally identify you.
Information from your use of the Services and information from other sources: we may receive information about how and when you use the Services, or other types of files associated with your account, and link it to other information we collect about you. Also, we may obtain information about you or your Subscribers from third-party sources, such as public databases, social media platforms, third-party data providers, and our joint marketing partners. This information may include, for example, time, date, browser used, demographic information, device information (such as device type, model, number, type of browser or operating system), location, and online behavioral data (such as information about your use of social media websites, page view information and search results and links), actions you have taken, anonymous usage data, referring/exit pages and URLs, preferences you submit and preferences that are generated based on the data you submit and the number of clicks.
3.3. Please note, MailAir does not process or store your credit card information.
3.4. If you create a MailAir account through an app, the app will bill you for our Services. More information about Personal Data collected by app can be found in the app's Privacy Policy.
3.5. Please be informed that for communication via email, MailAir uses customer support platforms. When communication goes through our Contact Us form or email, your information is transferred to helpdesk.cmdesign.hu.
3.6. MailAir may utilize OpenAI's GPT technology and Google's Vertex AI platform to provide features such as an AI-powered writing assistant and AI-powered subject line generator. By using these features, you agree that the data you choose to input into these features, which may contain personal information, is sent to OpenAI's API and Google's Vertex AI API for processing. MailAir is not responsible for the data handling practices or policies of OpenAI, Google or any third-party services used by OpenAI or Google, however, MailAir utilizes OpenAI's Enterprise plan and Google's Vertex AI which ensure that transferred data will not be further used to train OpenAI's and Google's respective models. You can find more information in OpenAI's Business Terms, Privacy Policy, API Data Usage Policy, and Google's Privacy Resource Center, Generative AI and Data Governance page.
3.7. MailAir may use OpenAI's GPT technology and Google's Vertex AI platform to automate the customer confirmation process by submitting Customers' campaign content to OpenAI's technology and Google's Vertex AI platform. Additionally, MailAir may use these technologies to automatically extract your logo, brand colors, and social media URLs from your website and import them into your MailAir account. No Personal Data of Customers' Subscribers is transferred to OpenAI or Google for this purpose, except if you choose to use it in the content of your marketing campaigns. MailAir may utilize OpenAI's Enterprise plan and Google's Vertex AI, which ensure that transferred data will not be further used to train OpenAI's and Google's respective models. You can find more information in OpenAI's Business Terms, Privacy Policy, API Data Usage Policy, and Google's Privacy Resource Center, Generative AI and Data Governance page.
3.8. MailAir uses Billingo as its billing platform. When you interact with our Services, your billing, transaction, and organization information will be processed and stored within Billingo.
3.9. MailAir has integrated Elasticemail for domain authentication purposes. If you choose to authenticate your domains through MailAir, your domain name will be shared with Elasticemail to ensure the proper deliverability of your campaigns.
4. Purposes of Processing
4.1. MailAir uses collected information to operate and improve the Services, maintain quality, analyze usage, provide statistics and customer support, verify identity and send relevant information. We may also use this data to protect the rights and safety of Customers, Subscribers, third parties, and ourselves, ensure compliance with our TOU and legal requirements, process payments, and understand user demographics and preferences. Additionally, we may send customized informational or promotional content based on marketing preferences or as part of the Legitimate Business Interest as a lawful basis under GDPR, where applicable.
4.2. We may combine Personal Data with other information we Process to customize informational content and enhance our ability to provide Services according to marketing preferences, restrictions or for advertising, targeting purposes, personalization of ads, or to develop and provide you with more relevant products and features in accordance with this Privacy Policy.
5. How we collect your information
5.1. Data provided by our Customers: Customers may import into the Services Personal Data they have collected from their Subscribers or other individuals. We have no direct relationship with Customers' Subscribers or any individuals other than our Customers. Our Processing of Personal Data is based on the data subject freely given consent and Customers are responsible for making sure they have the necessary permissions for us to Process Personal Data about Subscribers or other individuals.
5.2. Tracking technologies: in connection with the performance of the Services, MailAir uses:
Cookies: cookies are tiny files of data that a website transfers to your computer's hard disk for record-keeping purposes. Most web browsers are set to accept cookies, but you can change this in your browser settings. However, if you do not accept cookies, you may not be able to use all of MailAir's functionality. We use cookies to improve your MailAir experience and by collecting this data, we can store information so that you don't have to re-enter it every time you visit MailAir. We also use it to monitor visitor metrics to MailAir such as page views, time on site, number of visitors, etc.
Web beacons: we include single-pixel gifs (web beacons) in emails we send, which allow us to collect information about when you open the email and your IP address, your browser or email client type, and other similar details. We use the data from those web beacons to create reports about how your email campaign performed and what actions your Subscribers took, to capture the time spent on the Services, pages visited and email campaign performance.
Unique identifiers and similar tracking technologies: we may use other tracking technologies to administer the Services, track your movements around the Services, analyze trends, track behavior, serve targeted advertisements and gather demographic information, to measure the performance of our email campaigns and to improve our features for specific segments of Customers.
5.3. Log Data monitoring: we may collect log data whenever you access our tool. This data could include things like an IP address, browser type, and version, the pages you visit on MailAir, and other user statistics. When you access MailAir with a mobile device, log data may include the type of device, your mobile unique ID, the IP address of your device, mobile operating system, and other mobile statistics.
5.4. Third-party services: we may use third-party services, such as Google Analytics and Facebook, that collect and analyze log data to help us improve MailAir, and occasionally to use for targeted online advertising. Our third-party partners may use cookies or other tracking technologies to provide you advertising on other sites based on your browsing activities and interests.
6. Transferring to third-party companies
6.1. We will never sell, rent, or lease your Personal Data to a third party, but we may share collected information for the purposes described in this Privacy Policy with third parties, including group companies, that help MailAir provide, improve, promote or support Services, that help with our business operations and assist in the delivery of our Services, or who perform services for us, in order to prevent damage to our property or for safety reasons, for example, payment processors, hosting services, analytics, content delivery services, advertising partners, etc., in a manner that is consistent with this Privacy Policy. We may also share information with third parties if required to do so by law or if you violate our TOU.
6.2. When you connect your MailAir account with a third-party AI Agent via the Model Context Protocol (MCP), you authorize MailAir to transmit your account data, which may include Subscribers' Personal Data, to that AI Agent provider to perform the functions you direct.
6.3. When you connect an AI Agent through the MCP, the AI Agent provider's own terms and privacy policy will govern its data handling, retention, and potential use for model training. You are responsible for reviewing these terms and policies. Data transfers to AI Agents via the MCP may also involve international data transfers, and you are responsible for ensuring compliance with any applicable regulations.
6.4. We may disclose Non-Personal Data for any purpose because this information cannot be used to identify you or another person.
7. Email communications & opting out
7.1. From time to time you may receive emails related to your use of MailAir. Based on the Personal Data that you provide us, we may communicate with you in response to your inquiries to provide the Services you request and to manage your account. If we have your consent, we may also use your Personal Data to send you updates and other promotional communications. Every email will contain a link to be able to opt-out of receiving it. We may still send important messages regarding administrative matters, updates, disputes, and customer service issues that are required to provide the Services.
7.2. If a Subscriber no longer wants to be contacted by one of our Customers, he can unsubscribe directly from that Customers' newsletter or contact the Customer directly to update or delete the data. If a Subscriber contacts us, we will refer him to that Customer. We will retain personal information we Process on behalf of our Customers only for as long as needed to provide our Services or to comply with our obligations.
8. Safety of your information
8.1. MailAir takes reasonable precautions, technical and organizational security measures to ensure a level of security appropriate to the risk, follows industry best practices in order to protect your Personal Data from any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data and to preserve the security and confidentiality of the data. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
8.2. The customer is responsible for reviewing the information made available by MailAir relating to its data security and making an independent determination as to whether the Services meet Customer's requirements and legal obligations under Data Protection Laws. Also, Customer is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of Personal Data when in transit to and from the Services and taking any appropriate steps to securely encrypt or backup any Personal Data uploaded to the Services.
9. Protecting Subscriber's lists and data
9.1. We reserve the right to monitor your lists, content and response data from time to time to make sure they comply with our TOU, we will never share, sell or rent your customer data to anyone for any reason.
9.2. Our data storage center is in the European Union and has information storage security certificate so you can rest assured that your Subscribers data is safe with us.
10. Customers' rights
10.1. You have the following rights regarding your Personal Data:
- Right to Access. You have the right to request disclosure of the specific pieces of your Personal Data we have collected about you in a portable and, where technically feasible, readily usable format.
- Right to Know. You have the right to verify if we have collected Personal Data about you and to know the details of it.
- Right to Deletion. You may request the deletion of your Personal Data in accordance with Clause 11 of this Privacy Policy.
- Right to Opt-Out. You have the right to opt-out of sharing your Personal Data for cross-context behavioral advertising to third parties. You can exercise this right by visiting our Cookie Settings and disabling functional, performance, and targeting cookies.
- Right to object to the processing of your Personal Data. You have the right to object to the processing of your personal data, including profiling.
- Right to correct your Personal Data. You have the right to update inaccurate information that we process about you by amending it in your MailAir account.
- Right to exercise rights without discrimination. You have the right not to receive discriminatory treatment if you exercise the rights conferred to you by applicable privacy law.
10.2. Please be aware that these rights may be limited by applicable laws and depend on technical feasibility.
10.3. If you are not able to exercise these rights through your MailAir's account, please contact us using the contact form. We may require additional information or identifying documents from you to verify your identity and process your request.
11. Data retention
11.1. Unless you specifically request that we delete your Personal Data by contacting us, deleting your account, we will keep your data for as long as we need to meet our Terms, provide you Services, and maintain the effective operation of our business.
11.2. If you ask us to delete your Personal Data by contacting us or deleting your account, your data will be deleted within 30 days, with the exception of specific information we are required to retain as per Clause 11.4 of this Policy.
11.3. We may still be obliged to retain certain Personal Data after you request deletion or if you delete your account to (i) comply with applicable laws or regulations (like maintaining transaction records or keeping information for accounting purposes), (ii) deal with legal issues or defend ourselves in legal claims, and (iii) protect against fraud or abuse of our Service. This information will be retained for 7 years, after which it will be permanently deleted.
11.4. Sometimes, we might not be able to delete, make anonymous, or hide your Personal Data immediately because of technical, legal, or operational reasons. In these situations, we will take reasonable measures to securely isolate your Personal Data from any further Processing until we can properly delete, anonymize, or deidentify it.
11.5. If your account is inactive for 2 years or more, MailAir reserves the right to permanently delete your account and all its data, including your list of subscribers and your content. If MailAir decides to delete your account, you will be informed multiple times via email. Upon reaching 3 years of account inactivity, you will be given an additional 60 days to export the data or reactivate your account before the account is permanently deleted.
11.6. Upon reaching 1 years of account suspension or termination, MailAir permanently deletes your account and all its data, including your list of subscribers and your content, with the exception of specific information we are required to retain as per Clause 11.4 of this Policy.
12. Links to other websites
12.1. As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.
13. Data Processing Addendum
13.1. We created our Data Processing Addendum to cover the GDPR requirements as they relate to email marketing and we encourage all our Customers to review it.
14. Age of consent
14.1. By using the Service, you represent that you are at least 18 years of age.
15. Merger or acquisition
15.1. In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Data may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to Process your Personal Data as set forth in this Privacy Policy.
16. MailAir as a Controller
16.1. MailAir acts as a Controller of Personal Data of its employees, contractors, candidates, affiliates and other third parties that are not considered as a Customer. MailAir undertakes to comply with legal requirements when processing Personal Data as a Controller and implements appropriate technical and organizational measures to ensure a level of security of Personal Data as required under GDPR and applicable Data Protection Laws.
17. Changes
17.1. MailAir reserves the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy, we will post these changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. All changes are effective immediately upon posting and we suggest that you check this Privacy Policy periodically if you are concerned about how your information is used.
18. Contacting MailAir
If you:
- would like to request access to the information we hold about you, correct, modify, delete or update Personal Data that you have provided to us, or
- have any questions regarding this Privacy Policy or the practices of this site,
- wish to withdraw your consent for the continued collection,
- would like to object to your Personal Data being used, or
- have any additional questions:
Please contact us any time via this contact form.