Last revised and updated 10/29/2020. Click here to see the latest version.
We updated our policy to make it easier to understand the way we collect and process your data.
We updated how we protect any transfers of your data in response to the recent ruling by the Court of Justice of the European Union invalidating the EU-US Privacy Shield Framework.
We updated any reliance on the Privacy Shield.
We updated our listing of third-party providers, our payment providers, website functionality, and customer engagement services as we have merged our providers across our combined company.
We updated our contact information for our internal complaints mechanism.
We have updated our independent recourse mechanism for Privacy Shield complaints for use by EU individuals
We have updated our contact information for our internal complaints mechanism.
We added more details about how we transfer personal data in compliance with the EU-U.S. Privacy Shield Framework to section 9.
We updated the list of third-party partners with whom we share personal data to facilitate business functions, adding Chargify, Optimizely, Salesforce, Uservoice, and Zapier, and removing those we no longer do business with.
We added more distinctions between Mailgun users and website visitors to make it clearer which policies apply to each group.
We included information on what data we collect, how we use it, and the rights that you have in relation to this data.
We added details about the third-party partners we use to facilitate business functions and explained how we work with them.
We updated our policy to remove references to the U.S.-Swiss Safe Harbor Framework.
We made changes to reflect improvements to our Services’ email validation functionality.
Your privacy and security is of the utmost importance to us. We describe in this policy how we collect and use information about you in your use of our services, including our platform and the website. If you are one of our customers, you should read this policy in conjunction with our Terms of Service.
1. Who are we?
As you know, we are an email service provider. When collecting information about our customers or visitors of our website, we are, under European Union (“EU") data protection laws, qualified as “data controller". This means that we are responsible for deciding how we hold and use personal data about you.
2. How do we collect information about you?
We collect information about you when you fill in a contact form on our website or send us an e-mail. Whichever way you choose to contact us, we’re going to need some basic personal information from you in order to handle your request.
We may also receive your personal data from third parties, when you express your interest for our services to them.
3. What information do we collect about you?
We collect two types of information about you: personal data and non-personal data.
Personal data. This is information that lets us know who you are. This includes the information you provide us when registering to use the platform, like your name, company name, email address, postal address, other contact information you share with us, associated domain name and credit card information. Your login credentials are also personal data. This category also includes information tied to your identity that you provide us through other means, such as emails to our support team.
Non-personal data. This is information that doesn’t let us determine your identity. This generally comes from your use of the services after registering. Non-personal data includes information that could personally identify you in its original form, but that we have modified to remove or hide (for instance, by aggregation) any personal data.
4. How do we use your information?
If you are a visitor of our website, we use your personal and non-personal data to engage with you and support live chat conversations on the website.
When you are one of our customers, we use the information we collect about you to provide the services to you. As part of that purpose, we use your personal data and non-personal data:
to create and maintain your platform account, and to control access to it;
to provide you with real-time logs of your use of the platform;
to respond to any requests you may submit for support or sales information, or similar communications;
to communicate with you (for example through newsletters, marketing emails, announcements or special offers) about our services;
for billing and collection purposes, if you have subscribed to one of our paid plans;
for the investigation and prevention of fraud and breaches of the terms of service
to enable third parties to provide services to us;
for customers that request allocated dedicated IP addresses, for the purposes of assigning the dedicated IP address to that customer;
to comply with applicable laws to which we are subject.
We may use your non-personal data to enhance the services, for instance through web analytics or troubleshooting. We may also use aggregated or depersonalized information to promote our services, such as by citing usage statistics.
5. On which legal basis do we collect your personal data?
We collect your personal data because we need it to perform a contract we have signed with you or because you have taken steps to enter into a contract with us (for instance, when you fill in a contact form to request information about our services or when you sign up for a Mailgun account). Otherwise, we collect personal data based on your consent.
6. With whom do we share personal data?
Except for the limited circumstances we described here or in applicable agreement / terms of service, we do not share your personal data with third parties. When we need to provide your personal data to third parties, we will only share it to the extent necessary to provide you with our services. We may also share your personal data as required or permitted by law and as described below.
We host the website and operate the platform using third parties, including AWS®, SoftLayer® and Rackspace®. Your platform will be hosted from their data centers throughout the United States and/or Europe, based on where you have selected to deploy Mailgun services.
We use a Stripe® and Chargify, to process subscription payments, and therefore provide them with the personal data required to charge your credit card.
We may use third-party services either embedded into our website (such as Disqus®, Drift, Optimizely, Segment™ and Google® Analytics) or outside of it (such as GitHub® and Twitter®) to communicate with you or to enhance the function of the website and the services.
We use third-party service providers and platforms (such as Pendo, Customer.io, Hubspot, Salesforce, Uservoice, Zapier, and Zendesk) for customer engagement, customer chat, product feedback and customer support ticketing.
We may share your contact information with ARIN (American Registry for Internet Numbers) for the purposes of fulfilling your request to re-assign the dedicated IP address to the customer.
While we provide these third parties with no more information than what is necessary to enable them to provide the services to us, any information that you provide these services providers independently is subject to their respective privacy policies and practices.
In certain situations, Mailgun may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Additionally, we will provide information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. Mailgun infrastructure is located in top-tier data centers. Each of these locations adhere to strict physical and procedural controls which are frequently audited. Mailgun applications are routinely scanned for vulnerabilities and an independent penetration test is conducted annually. All Mailgun employees undergo thorough background checks and sign non-disclosure agreements at the time of hire. If you have any questions about the security of your personal information, you can contact us at email@example.com.
Remember, though, that some parts of the services are public and that email, by its nature, is not a reliably private means of communication. If you voluntarily provide personal data in a public area of the website, unrelated parties online will be able to view it and collect it. If you don’t want to make this information publicly available, you shouldn’t post it.
8. For how long do we retain your personal data?
We keep your personal data for as long as is necessary to provide our services to you.
If you would like us to cease all of the described uses of your personal data, you may delete your account at any time from the Account Settings section from the Mailgun Dashboard. This will delete your personal data from our records, and we will make no further use of it. We may, however, retain copies of your personal data in backups. Please note that we may be required to retain certain information by law and/or for own legitimate business purposes.
9. How do we transfer your personal data?
Mailgun is responsible for the processing of personal data it receives, under the Privacy Shield Frameworks, or subsequently transfers to a third party acting as an agent on its behalf. Mailgun complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and EEA, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Mailgun is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Mailgun may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
10. What are your rights in connection with personal data?
You have the right to:
Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
Withdraw your consent and opt-out from our communications. We will honor your opt-out within 10 days. Please note that you cannot unsubscribe from service-related messages.
Object to processing of your personal data, for example, if we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this basis.
Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal data to another party (right to data portability).
If you want to exercise any of the above rights, please email our privacy team at firstname.lastname@example.org. Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
In compliance with the Privacy Shield Principles, Mailgun commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact our Data Protection Officer at: Mailgun Technologies, Inc. 112 E Pecan St #1135 San Antonio, TX 78205 or by email: email@example.com
Mailgun has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning personal data transferred from the EU.
If you are located in the EU, you also have the right to lodge a complaint to a data protection authority.
The information provided in this notice may be modified to address new issues or changes to our policies. We will post changes here. If we make significant changes, we may notify you by other means (for instance, by email or with a banner on the website) prior to the change becoming effective. Any changes we make will take effect 30 days after the update date noted above. If you object to the changes, email us at firstname.lastname@example.org before the new effective date to delete your information from our records, and we will do so.
05 May 2020