PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: March 22, 2022
Welcome to MailTime. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected].
These Terms of Use (the “Terms”) are a binding contract between you and MailTime Inc. (“MailTime,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://mailtime.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
MailTime takes the privacy of its users very seriously. For the current MailTime Privacy Policy, please click here.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
What are the basics of using MailTime?
Signing up for MailTime Services
When you interact with the Services, you promise to provide us with accurate, complete, and updated information. You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Connecting Your Email Accounts with the Services
Use of the Services may require you to connect your email accounts with our Services by providing your email credentials with those third party email providers. We do not and technically cannot access or store your password for email providers that support OAuth. Due to technical limitations, we store your password in an encrypted form for email providers that do not support OAuth. By providing the email address(es) that you want to access via the Services, you grant us a license to make, display, perform, use, reproduce, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer), transmit, create derivatives of, and otherwise act with respect to the contents in such email accounts, in each case to enable us to operate the Services, as described in more detail herein, and to permit our agents to perform tasks on our behalf. To the extent that any such contents are also your personally-identifiable information, they will be treated in accordance with our Privacy Policy. For example, per your request, we may (i) check, process, send, and deliver email on your behalf, (ii) host, store, share, or otherwise act with respect to your data as you direct through the Services, (iii) view documents and images, and (iv) play audios and videos.
You will not share your email account(s) or password(s) with anyone, and you must protect the security of your email account(s) and your password(s). You’re responsible for any activity associated with your email accounts that are connected with our Services.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in MailTime?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including MailTime’s) rights.
You understand that MailTime owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to MailTime or to other users?
User Submission means (1) any information, content, images, videos, audios, documents, data or anything else that you post, upload, share, store, or otherwise provide to, on or through the Services, including any information from your email accounts that you connect with the Services, and any information, content or data that is not viewable by any other user except you; and (2) any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services you provide us (in a direct email or otherwise). Some User Submissions are viewable by others. In order to allow us to operate and deliver the Services to you, to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us and others certain rights in those User Submissions.
For all User Submissions, you hereby grant MailTime a license to use, make, reproduce, perform, display, distribute, transmit, translate, modify (for technical purposes, for example making sure your contents conform to the technical requirements of connection networks, devices, services, or media), create derivative works of, and otherwise fully exploit or act with respect to your User Submissions, to enable us to operate, customize, and improve the Services, to develop anonymous data products or new products, or otherwise in connection with MailTime’s business, provided that our use of any User Submission that constitutes Personal Information shall be treated in accordance with ourPrivacy Policy. This is a license only – your ownership in User Submissions is not affected.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. You understand that we may or may not pre-screen Content, but that we reserves the right (but are not obligated) in our sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, MailTime shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You are responsible for all Content (including all User Submissions such as information from you or your email accounts that you connect with the Services) you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services, such as sending, receiving, copying, sharing, uploading, downloading, attaching or otherwise acting with respect to your Content while using MailTime).
The Services may contain links or connections to third party websites or services that are not owned or controlled by MailTime. When you access third party websites or use third party services, you accept that there are risks in doing so, and that MailTime is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. MailTime has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, MailTime will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that MailTime shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that MailTime is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release MailTime, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Will MailTime ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does MailTime cost anything?
MailTime currently offers a free version and a premium version of its application. The free application is free to download, install, and use up to a limited total number of email accounts that can be connected with the Services. If you want to connect additional email accounts with the Services in the free application, you can select and pay for the appropriate in-app purchase options offered in the free application. The premium application charges a one-time upfront payment when you download and install the application, and allows you to connect an unlimited number of email accounts with the Services. Such in-app purchases and the premium version application are collectively referred to as “Paid Services” hereinafter. MailTime reverses the right to update or change the list of Paid Services.
MailTime does not store credit card information, nor directly process any payments. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to you for your use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of our Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen credit card or other payment methods. All payments are non-refundable.
Some of our Services are currently free, but we reserve the right to charge for such or all Services in the future or to change the fee or payment requirements for the Paid Services. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
What if I want to stop using MailTime?
You can uninstall the MailTime application or stop visiting our websites at any time, but mere uninstallation is not sufficient to disconnect your email accounts from the Services. If you want to stop using the Services and disconnecting your email accounts from the Services, please be sure to send a written disconnection request to us at [email protected]. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
MailTime is also free to terminate (or suspend access to) your use of the Services, for any reason in our discretion, including your breach of these Terms. MailTime has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Termination may result in destruction of any Content associated with you, so keep that in mind before you decide to terminate your use of the Services. We may store account data on the device upon which the Services are installed and you are responsible for backing up and securing data on your device; MailTime is not responsible for loss of account information due to device loss, data loss, system malfunction, and/or application malfunction. We will try to provide advance notice to you prior to our terminating your use of the Services so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of MailTime.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the MailTime App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, which may include the iPhone, iPod Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
What else do I need to know?
Warranty Disclaimer. Neither MailTime nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and “AS AVAILABLE” and without any warranty of any kind from MailTime or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY MAILTIME (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall not use MailTime Services for emergency services or other critical operations where injury, death, or economic damage could result. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer and /or portable device screen or while using the Services. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Services. Immediately discontinue use of the Services and consult your physician if you experience any of the following symptoms while using the Services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MAILTIME (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold MailTime, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party who logs in the Services as you), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without MailTime’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the MailTime may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and MailTime agree that these Terms are the complete and exclusive statement of the mutual understanding between you and MailTime, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of MailTime, and you do not have any authority of any kind to bind MailTime in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and MailTime agree there are no third party beneficiaries intended under these Terms.
Last updated: June 8th, 2023 (Updated terms related to the release of the MailTime AI feature)
At MailTime, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal information. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.
Remember that your use of MailTime Services is at all times subject to our Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
You may print a copy of this Privacy Policy by clicking here. If you have a disability, you may access this Privacy Policy in an alternative format by contacting [email protected].
If you are a resident of the European Union ("EU"), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the "GDPR") with respect to your Personal Data. Please refer to our GDPR Privacy Notice for EU Residents for more details.
What this Privacy Policy Covers
This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services, including without limitation the following products and services.
“Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.
Categories of Personal Data We Collect
Sources of Personal Data
We collect Personal Data about you from the following categories of sources:
Categories of Personal Data
The chart in this section details the categories of Personal Data that we collect and have collected over the past 12 months:
1. Category of Personal Data | 2. Personal Data We Collect | 3. Source(s) of Personal Data | 4. Categories of Third Parties With Whom We Share this Personal Data for a Business Purpose: |
---|---|---|---|
Personal identifiers |
|
IP Address | Service Providers |
Commercial information |
|
You (as described in subsection “Information Collected from Connected Email” below) | Service Providers |
In addition to the categories of Personal Data listed above, we also collect and process information, which may include Personal Data, from (i) email accounts you decide to connect with the MailTime App (as described in the subsection “Information Collected from Connected Email Accounts” below), and (ii) Cookies (as defined below, and further explained in the subsection “Information Collected Automatically”).
Information Collected from Connected Email Accounts
To use the services of MailTime App, you’ll need to connect your email accounts to the MailTime App (“Connected Email Account”). With your permission at sign-up or use of the MailTime App, you authorize us to access and process email messages in your Connected Email Accounts in order to provide the MailTime App Services to you, and for other purposes as explained in this Privacy Policy. We may collect Personal Data including without limitation the following:
If you provide your third-party account credentials to us, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy. For example, when you connect your email account (e.g. Google Gmail, Yahoo Mail, iCloud) to the MailTime App, you agree that we may access, receive, and/or collect the following information, if the third party service provider(s) and your account settings allow such sharing:
The information we receive will depend on the policies and your account settings with the third party services.
Information Collected Automatically
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Services, to analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.
We use the following types of Cookies:
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.
How We Use Your Personal Data
We process Personal Data to operate, improve, understand and personalize our Services. We use Personal Data for the following purposes:
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.
As noted in the list above, we may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us, which helps us improve our Services. If you do not want to receive communications from us, please indicate your preference by emailing us at [email protected].
Information that’s been de-identified
For the purpose of this subsection on “Information that’s been de-identified”, we use Commercial Messages from your Connected Email Account for the de-identification and/or aggregation purposes as explained below, but we do not use any Non-Commercial Messages in doing so. We only access and process Non-Commercial Messages in your Connected Email Accounts as authorized by you to convert such email messages to text messages, to enable you to enjoy the functionalities and services provided by our MailTime App, and to provide the MailTime App Services to you.
We use information from Commercial Messages collected through your Connected Email Accounts, such as date , merchant, price, or other commercial or transactional information, to create de-identified and aggregated data so that you are not identified as an individual (the “De-identified and Aggregated Data”). We use the De-identified and Aggregated Data to develop alternative data products and for our business purposes, and provide such De-identified and Aggregated Data to subscribers of MAI Product (as further explained below).
MAI Products : We use the De-identified and Aggregated Data to create consumer insights, and to develop analytics and reports for market trends, industry development, and other business intelligence. For example, we scan and identify purchase receipts from Commercial Messages collected from your Connected Email Accounts, aggregate such de-identified information with other de-identified information from our other users of MailTime App to create De-identified and Aggregated Data, which will become part of the database or data feeds we provide to subscribers of the MAI Products. We share the De-identified and Aggregated Data with users of the MAI Products and our other partners for their research, development, or other commercial purposes.
We may also allow partners to collect aggregated or de-identified information from you, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. For example, Google Analytics services may collect aggregated information about our users’ demographics. Again, Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/ .
In all cases where we provide De-identified and Aggregated Data to third party partners, we adopt the following protections:
OPT OUT: You may opt out of sharing information from your Commercial Messages for our use to create De-identified and Aggregated Data at any time by (i) going to https://mailtime.com/optout/optout.html , or (ii) changing the settings in the MailTime App (under “Legal & Privacy). You can continue to use the MailTime App services with no degradation to your experience.
About Gmail Users:
The way we can use the information we receive from your connected email accounts is also subject to the policies imposed by your email service providers and your account settings with them. As you may know, Google recently implemented an updated Google API Services: User Data Policy (https://developers.google.com/terms/api-services-user-data-policy, the “Google API Policy”), which restricts the use of data obtained from certain restricted Gmail APIs, as well as data aggregated, anonymized, or derived from them. In order to comply with the Google Policy, we decide not to include any data that we obtained from those restricted Gmail APIs in our big data products (including MAI). In order to comply with the Google Policy, we will only use the data that we obtained from the restricted Gmail APIs for the specific “Limited Uses” as permitted by the Google Policy. Our use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements. These restrictions do not apply if you have used the 2-step verification process to create an App password for the Services using your Google account. If you have any questions, or would like to learn more about this, please feel free to reach out at [email protected].
How We Share Your Personal Data
Categories of Third Parties with Whom We Share Personal Data
We disclose your Personal Data as indicated in the chart above to the following categories of service providers and other parties:
Disclosures of Personal Data for a Business Purpose
We disclose your Personal Data to service providers and other parties for the following business purposes:
Data Security and Retention
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. For example, the Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data you provide to us. All Personal Information is transferred via Transport Layer Security (TLS) technology and stored encrypted at rest using AES-256 encryption. All Personal Information stored on our Services is hosted on Amazon Web Services (AWS) and Microsoft Azure, which undergo various third-party independent audits on a regular basis, covering compliance controls for its data centers, infrastructure, and operations. This includes SOC 2 certification and ISO 27001 certification.
You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the Internet or storing data is completely secure. We cannot guarantee the complete security of any data you share with us.
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
Personal Data of Children
As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at [email protected].
California Resident Rights
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.
If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at [email protected].
Access
You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.
Deletion
You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Please note that uninstalling the MailTime application from your mobile device does not delete your Personal Information we hold in our records. If you want to disassociate your email accounts from our Services and delete the Personal Information, you should submit a Valid Request for deletion. Some information may remain in our records after the deletion, but only in a way that would not identify you personally. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
Exercising Your Rights
To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Personal Data Sales Opt-Out and Opt-In
We will not sell your Personal Data, and have not done so over the last 12 months.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
Other State Law Privacy Rights
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at [email protected].
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
About MailTime AI
We use generative AI’s APIs from different companies (including but not limited to OpenAI, Google Bard) to provide you with the MailTime AI features to help you create and edit emails with the assistance of machine learning algorithms. To use the said APIs, we need to collect, process, and transfer data, including but not limited to personal data, which are subject to this Privacy Policy.
Your Consent
MailTime AI feature is exclusively available to users who have successfully signed up to the MailTime AI whitelist. This section of the privacy policy only applies to the users who have access to the MailTime AI feature from our early access, trial period or any other campaigns in which this feature is available. By default, the MailTime is not switched on for everyone, users need to opt in or sign up to be eligible to use this feature.
We use the said APIs for MailTime AI based on your consent. By using MailTime AI, you consent to the processing of your personal data as described in this Privacy Policy. If you do not consent to the use of the said APIs, you should not sign up to the MailTime AI whitelist, or any other channels that allow you to switch on the MailTime AI feature.
How it Works
MailTime AI is to help you generate and edit email drafts. MailTime AI will not send emails on your behalf. You have full and complete control over the generated content and can review and edit it any time before sending it. MailTime AI will not store or transfer the contents of your email drafts and/or your requests for MailTime AI feature. We will only transfer the textual context of your email drafts to the generative AIs to process your request and generate or edit email text.
Any information, including personal data, that you provide by using MailTime AI feature will be shared with the generative AIs solely for the purpose of functioning of MailTime AI feature.
Your email content and requests you make to MailTime AI are private and encrypted in accordance with our standard privacy and information security practices. We implement the latest commercially reasonable technical, administrative, and organizational measures to protect your personal data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.
Your use of MailTime AI is subject to fair usage restrictions. You acknowledge and agree that if you exceed the range of fair usage, we may disable or degrade performance of MailTime AI features.
Input and Output
You may provide input to be processed by MailTime AI (“Input” ), and receive output generated and returned by MailTime AI based on the Input (“Output”). When you use MailTime AI, Input and Output are your customer data (“Customer Data”). You are solely responsible for the development, content, operation, maintenance, and use of your Customer Data. You will ensure that your use of MailTime AI and Customer Data will not (i) violate any applicable law; (ii) violate MailTime’s Terms of Use ; or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering MailTime AI features, Output may occasionally be inaccurate.
For this reason, it is your responsibility to carefully review the output text generated by MailTime AI, edit it, if necessary, and independently verify the accuracy of the generated information against your purposes. The use of any MailTime AI feature is done at your sole risk. You should not rely on factual assertions in Output without independently fact checking their accuracy. No information or advice, whether oral or written, obtained by you from MailTime or through MailTime AI shall create any warranty not expressly made herein.
In addition, we are not responsible for circumvention of any privacy settings or security measures contained in MailTime, or third party services.
Third Party Generative AI’s Policies
If you choose to use MailTime AI, you agree to comply with the generative AIs’ terms of use and privacy policy, which now include: Open AI: term of use ; privacy policy
Changes to this Privacy Policy
We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the MailTime website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.
Contact Information:
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:
MailTime and many of its service providers are based in the United States. If you use the Service, please be aware that your Personal Information will be transferred to, processed, and used in the United States and other countries where we and our service providers maintain data processing facilities. If you are located in the European Union, Switzerland or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including your personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction and please refrain from using our Services. By using our Services, you consent to the transfer of information to the U.S. or any other country in which we or our parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
GDPR Privacy Notice for EU Residents
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this GDPR Privacy Notice, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Company will be the controller of your Personal Data processed in connection with the Services.
Where applicable, this GDPR Privacy Notice is intended to supplement, and not replace, the Company’s Privacy Policy at [https://mailtime.com/privacy] (the “Privacy Policy”). If there are any conflicts between this GDPR Privacy Notice and the Company’s Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this notice or whether any of the following applies to you, please contact us at [email protected].
What Personal Data Do We Collect From You?
We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
Information we receive from third party sources: Some third parties such as Gmail, Yahoo Mail, iCloud provide us with Personal Data about you, such as the following:
Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:
How Do We Use Your Personal Data?
We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:
We also process Personal Data to create aggregated and anonymized consumer insights reports (“Consumer Insight Reports”), so as to develop analytics and profiling for business intelligence. We never disclose aggregated or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
How and With Whom Do We Share Your Data?
We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:
We also share Personal Data when we believe it is necessary to:
We also share information with third parties when you give us consent to do so.
Last, we share Personal Data with our affiliates or other members of our corporate family. Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
How Long Do We Retain Your Personal Data?
We retain Personal Data about you for as long as you have an open account with us. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use?
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, All Personal Data is transferred via Transport Layer Security (TLS) technology and stored encrypted at rest using AES-256 encryption. All Personal Data is stored on Benchling is hosted on Amazon Web Services (AWS) and Microsoft Azure, which undergo various third-party independent audits on a regular basis, covering compliance controls for its data centers, infrastructure, and operations. This includes SOC 2 certification and ISO 27001 certification.
Personal Data of Children:
As noted in the Terms of Use [https://mailtime.com/terms.html] we do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at [email protected]
What Rights Do You Have Regarding Your Personal Data?
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email [email protected] . Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Transfers of Personal Data:
The Services are hosted and operated in the United States (“U.S.”) through Company and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and will be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.
Company is committed to the Principles of the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU. These Principles are (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Company’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the Privacy Shield Program, please visit www.privacyshield.gov.
Please contact us at [email protected] with any questions or concerns relating to the Privacy Shield. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.
What If You Have Questions Regarding Your Personal Data?
If you have any questions about this GDPR Privacy Notice or our data practices generally, please contact us using the following information:
Name: MailTime
Physical address: 66 Shanghai St, Yau Ma Tei, Kowloon, Hong Kong
Email address for contact: [email protected]
Designated representative and contact information
DP-Dock GmbH
Ballindamm 39
20095 Hamburg
Tel.: +49 (0) 40 99999 – 3430
Mob.: +49 (0) 172 918 22 22
E-Mail: [email protected]
Data Protection Officer and contact information
Yixuan Sheng, [email protected]