Privacy Policy

FreshMail is absolutely committed to protecting your privacy. We know that only accurate information on the manner of processing your Personal Data will allow you to put your trust in us and enable you to use the full potential of the FreshMail Portal. Therefore, we have created a Privacy Policy that will tell you what steps we take to ensure the reliability and transparency of Personal Data processing, what standards we follow and to what extent we collect and process Personal Data.

Before you use the FreshMail Portal in any way, please read the full Privacy Policy. We have divided it into two parts – one is intended for FreshMail App users and subscribers of our newsletter, and the other part relates to cookie files. If you only want to read about the latter, go straight to the ‘Cookies’ section below. 

If you do not accept the procedures resulting from the Policy, you may not use the FreshMail Portal. Should you have any queries or concerns, we are here to assist you. Contact us using the contact details provided at the end of this Policy (Section 30).

Keeping things organised for you

  1. This Privacy Policy is for you, so FreshMail wants it to be as clear as possible. Therefore, the Policy is broken down into sections, in accordance with the following table of contents:

- Table of contents

- Keeping things organised for you

- Information required by GDPR

- What you tell us will improve the entire Portal

- We want to get to know you better

- You’re the boss here

- Shared information

- Your data is safe with us

- We all need to stay safe

- Cookies

- We like to talk – contact us

  1. The Privacy Policy has been divided into sections to make it easier to navigate it. Remember, however, that the Policy forms a comprehensive whole and no section shall be interpreted separately from all other sections of this Privacy Policy.
  2. FreshMail likes to keep things organised. That is why we’ve put together a short list of definitions used in this Privacy Policy.

 

Personal data This is all your personal data, defined in accordance with GDPR, that you enter into the FreshMail App yourself or the data that you generate when using our services;
FreshMail That’s us. FreshMail is a limited liability company with its registered office in Kraków, entered into the commercial register of the National Court Register (KRS) by the District Court of Kraków-Śródmieście in Kraków, 11th Commercial Division of the KRS, under KRS number: 0000497051.
Campaign Campaigns are the primary task of the FreshMail App. A Campaign is a single mass delivery of one marketing email or text message, based on a single template. A single message is also considered to be a Campaign. Note that transactional emails sent from the FreshMail App are not a Campaign.
Account This is an individual profile that will be created for you on your first login to the FreshMail Portal. Through your Account, you can use the functionalities and resources of the FreshMail App, which are made available to you.
Subscribers You send your Campaigns to them. These are the individuals whose email addresses and/or phone numbers you import to the FreshMail App.
Policy This is what you are reading right now. It is a set of practices and rules according to which we process your Personal Data.
Anti-Spam Policy FreshMail wants all use of the FreshMail App to be in compliance with mandatory provisions of law and generally accepted Internet practices. Therefore, FreshMail has created the Anti-Spam Policy, which brings together all the foregoing regulations and rules. If you wish to read the Anti-Spam Policy, click here.
FreshMail App This is where you import the databases of email addresses or mobile phone numbers of the Subscribers and send your Campaigns through it. The FreshMail App lets you use other functionalities which are detailed here. The FreshMail App is an online application accessed at app.freshmail.com and provided as Software as a Service (SaaS). You do not have to install it on your computer.
Processing These are operations we perform on your Personal Data. Processing means activities such as collecting, recording, storing, elaborating, modifying, sharing and deleting Personal Data and, in particular, it stands for those operations that lead to your ability to take advantage of the functionalities of the FreshMail App. This Policy does not describe FreshMail’s principles of processing the Personal Data of Subscribers on your behalf. These aspects are regulated by a document titled ‘Personal Data Processing Outsourcing Agreement’, which you can read more about here.
Terms of Use It is a FreshMail policy document in which FreshMail has defined the terms of your use of the FreshMail Portal and App. Yu can read the current version of the Terms of Use here.
Portal This is how you access your Account and use the FreshMail App. It is a website available at freshmail.pl.
GDPR The Regulation (EU) 2016/679 of the European Parliament and of 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, GDPR). You can read it here. 

Information required by GDPR

  1. When using the FreshMail Portal, you may choose to provide us with your Personal Data – usually, if you set up an Account or sign up for our newsletter, but also by writing us an email or chat. In these circumstances, FreshMail will become your Personal Data Controller, and according to GDPR we must provide you with necessary information. We will outline it here in as short a form as possible – if you are in a hurry, read only this section. Further in the Policy, you will find comprehensive, yet clear information about which data (not only personal data) of the Users of the FreshMail Portal and for what purposes we may process.

(i.) You Personal Data Controller will be FreshMail Sp. z o.o., with its registered office at alei Generała Tadeusza Bora-Komorowskiego 25, 31-476 w Krakowie.

(ii.) Any issues linked to Personal Data can be consulted with FreshMail’s Data Protection Officer at: iod@freshmail.pl. 

(iii.) The Personal Data supplied by you will be processed in order to:

  • conclude and perform a contract for the use of the FreshMail App;
  • settle transactions;
  • answer your questions (if you call or write to us with a query);
  • send you newsletters – if you have agreed to it.

(iv.) In our business, we use other Internet applications and IT tools; therefore, your Personal Data may be entrusted by us to: companies whose servers we lease, subcontractors of some of our functionalities, the accounting company, payment intermediaries, companies providing communication tools (chat, email hosting), companies providing analytical tools (detection of errors in the App, user behaviour analyses). Some of these tools are provided by American companies, so your Personal Data may be transferred to countries outside the European Economic Area. However, we use only the services of companies included in the Privacy Shield list, which means an adequate level of protection for your data.

(v.) FreshMail will continue to process your Personal Data until your contract is implemented, until your query is processed, and if you have signed up for the newsletter – until you withdraw your consent to the processing of your Personal Data. We will also retain data for defence against legal claims – until the expiry of the limitation period for these claims.

(vi.) You have the right of access to your data at any time; you can request that we delete it, change it and reduce the extent to which we process it.

(vii.) You can request the transfer of your data to another entity at any time.

(viii.) You are entitled to lodge a complaint with the President of the Office for Personal Data Protection in relation to the processing of your Personal Data.

(ix.) The provision of your Personal Data is voluntary.

What you tell us will improve the entire Portal

  1. While you are browsing the website www.freshmail.pl, www.freshmail.com, as a User of the FreshMail App, a Subscriber of our newsletter or an anonymous person – our servers automatically collect the information sent by your browser and the information contained in system logs. This information may include a variety of data, such as: email address, IP address, browser type, URLs of websites visited immediately prior to visiting our websites or the FreshMail App, as well as other statistics. FreshMail uses this information solely for the purpose of concluding, modifying or terminating contracts with clients, for statistical purposes (analysis of the traffic on our website) and for marketing purposes (to better match the content of the website to user preferences and to display advertisements on other websites).
  2. Before using the functionalities of the FreshMail Portal and App, we may ask you to provide specific Personal Data; however, we will never ask you to provide us with any information that we do not consider vital.
  3. We respect your choices, so the provision of your Personal Data is always voluntary. Remember, however, that if you do not provide the Personal Data requested by us, you will not be able to access the functionalities of the FreshMail Portal and App.
  4. We are continuously improving the FreshMail Portal; therefore, while using the Portal, various information about users browsing the Portal, which also includes you, may be collected automatically. We use cookies (cookie files) for this purpose. If you want to learn more about cookies, read Section 24–29 of the Privacy Policy.

 

We want to get to know you better

  1. In order for our cooperation to run smoothly, we should get to know each other. You already know everything about us, but if you want to know more, please contact us using the contact details provided at the end of this Policy (Section 30), or contact our Data Protection Officer at: iod@frreshmail.pl
  2. We want to get to know you better, so:

(i) when signing up for the FreshMail Portal, we will ask you to provide us with the following details: (a) your first name, (b) email address, and (c) phone number.

(ii) once you have signed up, in order to conclude the Personal Data Processing Outsourcing Agreement with you, we will ask you to provide the following data: if you represent a company – (a) the data of the company you represent, (b) full name of the company’s representative, (c) phone number; if you have registered as a natural person: (a) first name, (b) surname, (c) mailing address, (d) phone number;

(iii) when you make your first payment and when you send your first campaign to free accounts, we will ask you to complete your details with (a) your surname, (b) the details of the company you represent, (c) your mailing address and (d) your phone number;

(iv) when you use certain features of the FreshMail Portal, we collect the following data: (a) your IP address, (b) domain, (c) browser identification data, and (d) operating system type;

(v) when you contact us using the forms available at http://freshmail.pl/kontakt/ and http://freshmail.pl/zglos-spam/#chce-zglosic-spam, we collect the following data: (a) your first name, (b) your surname, and (c) your email address, and if you contact us via the ‘Suggestions’ tab in your Account – your email address;

(vI) when you use the FreshMail App, we use logs to collect information about how you use the App (dates when you logged in or when other users whom you provided access to your Account logged in to the App, operations on Subscriber Lists and Content, functions which you use, payments, etc.).

  1. When you provide us with your Personal Data, FreshMail becomes the Personal Data Controller under Article 4(7) of GDPR. To prevent any uncertainties – the Personal Data Controller is FreshMail, a limited liability company with its registered office in Kraków, alei Generała Tadeusza Bora-Komorowskiego 25, entered into the commercial register of the National Court Register (KRS) by the District Court of Kraków-Śródmieście in Kraków, 11th Commercial Division of the KRS, under KRS number: 0000497051.
  2. FreshMail will only process your Personal Data with your consent or in instances when there are other legal grounds for doing so.
  3. We process your Personal Data:

(i) for the purpose of providing you with the FreshMail Portal, providing you with the functionalities of the FreshMail App, and for managing FreshMail customers, the legal basis for our processing of your Personal Data is a contract concluded between us and the legitimate interests linked to our business, i.e. conducted in an effort to improve our services. In these circumstances, we will process your data throughout your use of the FreshMail App and until the expiry of the limitation period for any claims arising therefrom;

(ii) for marketing purposes – so that we can send you our own commercial or business information about our partners. We always ask you for your consent before we send you such information. All you need to do is to tick the appropriate box in the form when signing up. You can revoke your consent at any time by clicking the deactivation link contained in every marketing message that we send you. In this case, we will continue to process your data until you withdraw your consent;

(iii) for statistical purposes, i.e. to analyse user traffic in the FreshMail App. The legal basis for the processing of your Personal Data by FreshMail is, in this case, our legitimate interest – self-marketing of our services. In these circumstances, we will process your data until you object to the above, which you can easily do by writing us a message.

  1. A separate matter is when we collect and process information about the users of the FreshMail Portal through cookies. Read more in Sections 24–29 of the Privacy Policy.

You’re the boss here

  1. Remember that it is you who decides about the scope and purpose of the Personal Data Processing. At any time, you can:

(i) contact us to obtain information about the content of the Personal Data you have provided us with, find out how we use your Personal Data, and to obtain a copy of your Personal Data;

(ii) update and correct your Personal Data on an ongoing basis;

(iii) revoke your consent to the Processing and request the deletion of your Personal Data, in whole or in part, or ask us to restrict the processing of your Personal Data. Remember, however, that it may result in the loss of your ability to use the functionalities of the FreshMail Portal and App;

(iv) object to the processing of your Personal Data and to lodge a complaint with the President of the Office for Personal Data Protection if you believe that we have violated your rights (however, we make every effort to ensure that this never happens!);

(v) ask us to transfer your Personal Data to another controller.

  1. In exceptional cases, we may not comply with: your request to delete your Personal Data, restrict the processing of your Personal Data, or your objection. This may happen if you violate the Terms of Use or the Anti-spam Policy, or if you breach the prevailing regulations of law. The Personal Data will then only be preserved to determine the circumstances of the breach or to determine liability for the breach. 

Shared information

  1. The character of the FreshMail Portal means that we can sometimes transfer or share your Personal Data with other entities. Such transfers may only take place after we have entered into an appropriate agreement with the other entity. The companies to whom we entrust Personal Data include: the hosting provider, the provider of the servers which we lease, the provider of chat services, and subcontractors of certain functionalities of the FreshMail App.
  2. We will transfer or make available your Personal Data only if you have given your prior consent or if the prevailing regulations of law permit it.
  3. Please note that your Personal Data may be transferred to countries outside the European Economic Area only if those countries meet the security requirements for Personal Data set forth in GDPR. We use several American apps, which means that some of your data may be transferred to the USA. However, all our partners are members of the Privacy Shield programme, which, in accordance with European regulations, guarantees an adequate level of data security.
  4. Data collected in accordance with the Policy constitutes valuable research material; therefore, we may create and disclose anonymous summaries and statistical data concerning the operation of the FreshMail Portal and App. However, such information is not Personal Data and, therefore, it cannot lead to your identification or that of other users.

Your data is safe with us

  1. We care about the security of your Personal Data; therefore, we apply very high security measures and keep any information you provide confidential. One of our security features is the security policy that we have adopted and are conscientiously adhering to. We also fulfil all obligations imposed on us as the Personal Data Controller, and arising from the provisions of generally applicable law, in particular from GDPR.

We all need to stay safe

  1. Please note that in order for your Personal Data to be secure, we must take care of it together. That is why you should always keep your login details to the FreshMail Portal – both password and login – confidential. We also encourage you to create a complicated password for logging in – when signing up to the Portal we give you a few tips on this subject; however, it is up to you to use a password with the appropriate level of complexity.
  2. If you share your workstation (computer) with another person, please ensure that you always log out of the Portal after finishing working.

Cookies

  1. Dieting, a fitness regime, sport – you may have many reasons to dislike cookies. We like them, and we hope you will grow to like them too.
  2. We want to improve the FreshMail Portal, make it easier to use and adapt it to your needs, as well as take advantage of the opportunities offered by current online advertising systems, and for that purpose we use cookies in the Portal, i.e. files containing IT data that are stored on your device, so that it is possible to read them after reconnecting to the Portal. Cookies are stored on your device after you give consent to their use on your first visit to the FreshMail Portal.
  3. Cookies are meant to help you and help us at the same time. Their aim is to adjust the content of the FreshMail Portal to your individual preferences, optimise the use of the Portal and enable its personalisation. Cookies also allow you to maintain your login session in the Portal. Thanks to cookies, FreshMail can create statistics on the use of the Portal, which allows us to constantly improve it and use this knowledge for marketing purposes.

 

  1. Remember that you can always say no to cookies. Regardless of which browser you use, you can disable cookies for a specific website or all the websites you visit. Information on how to use this option can be found here and at: http://www.youronlinechoices.com/pl/.
  2. If you have any questions about cookies, you will find all the answers in the ‘Help’ section of your web browser.

We like to talk – contact us

  1. We like to talk, so if you have any questions or want to contact us for any other reason, you can do so:

(i) by sending an email to: pomoc@freshmail.pl;

(ii) using the form available at http://freshmail.pl/kontakt/

(iii) by writing directly to the consultant assigned to you, whose email address can be found in the System once you create your Account;

(ii) by sending a letter to:
FreshMail sp. z o.o.
Aleja Generała Tadeusza Bora-Komorowskiego 25,
31-476 Kraków, Poland