We provide email marketing and automation software as a service. We process Personal Data as a Processor on behalf of the Customer.
1.1 “Controller” means an entity that determines the purposes and means of the Processing of Personal Data.
1.2 “Customer” means a person or entity that is registered with CommerceSend to use the Services.
1.3 “Data Protection Laws” means all data protection and privacy laws and regulations of the EU, EEA and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data.
1.4 “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
1.5 “Personal Data” means any information relating to an identified or identifiable natural person.
1.6 “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction. “Process”, “Processes” and “Processed” shall be interpreted accordingly.
1.7 “Processor” means a natural or legal person, public authority, agency, or any other body which Processes Personal Data on behalf of the Controller.
1.8 “Services” means any product or service provided by CommerceSend pursuant to CommerceSend’s Terms of Service (“TOS”).
1.9 “Subscriber” means a person Customer contacts through our Services.
1.10 “We”, “us”, and “our” refer to the CommerceSend.
CommerceSend collects both “Personal Data” and “Non-Personal Data” about you and will Process this data for the duration of the Services, as described in the TOS:
3.1. Personal Data:
3.2. Non-Personal Data:
4.1 CommerceSend uses collected information for the operation of the Services, to maintain the quality of the Service, to provide general statistics regarding use of the Service, to promote and analyze the Services, to provide customer support and send information about the Services, to protect the rights and safety of Customers, Subscribers, third-parties and our own, to send customised informational or promotional content and provide suggestions according to marketing preferences, to ensure observance of our TOS and meet the legal requirements, to verify identity and provided information, manage payments, to understand demographics, Customer interests and needs, and other trends among users, and for other business purposes.
5.1 Data provided by our Customers: Customers may import into the Services Personal Data they have collected from their Subscribers or other individuals. We have no direct relationship with Customers’ Subscribers or any individuals other than our Customers. Our Processing of Personal Data is based on the data subject freely given consent and Customers are responsible for making sure they have the necessary permissions for us to Process Personal Data about Subscribers or other individuals.
5.2 Tracking technologies: in connection with the performance of the Services, CommerceSend uses:
5.3 Log Data monitoring: we may collect log data whenever you access our tool. This data could include things like an IP address, browser type and version, the pages you visit on CommerceSend and other user statistics. When you access Commercesend with a mobile device, log data may include the type of device, your mobile unique ID, the IP address of your device, mobile operating system and other mobile statistics.
6.2 We may disclose Non-Personal Data for any purpose because this information cannot be used to identify you or another person..
7.1 From time to time you may receive from us emails related to your use of CommerceSend. Based on the Personal Data that you provide us, we may communicate with you in response to your inquiries to provide the Services you request and to manage your account. We may also use your Personal Data to send you updates and other promotional communications. Every email will contain a link to be able to opt-out of receiving it. We may still send important messages regarding administrative matters, updates, disputes, and customer service issues that are required to provide the Services.
7.2 If a Subscriber no longer wants to be contacted by one of our Customers, he can unsubscribe directly from that Customers’ newsletter or contact the Customer directly to update or delete the data. If a Subscriber contacts us, we will refer him to that Customer. We will retain personal information we Process on behalf of our Customers for as long as needed to provide our Services or to comply with our obligations.
8.1 CommerceSend takes reasonable precautions, technical and organizational security measures to ensure a level of security appropriate to the risk, follows industry best practices in order to protect your Personal Data from any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data and to preserve the security and confidentiality of the data. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
8.2 The customer is responsible for reviewing the information made available by CommerceSend relating to its data security and making an independent determination as to whether the Services meet Customer’s requirements and legal obligations under Data Protection Laws. Also, Customer is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of Personal Data when in transit to and from the Services and taking any appropriate steps to securely encrypt or backup any Personal Data uploaded to the Services.
9.1 We reserve the right to monitor your lists, content and response data from time to time to make sure they comply with our TOS, we will never share, sell or rent your customer data to anyone for any reason.
We created our Data Processing Agreement to cover the GDPR requirements as they relate to email marketing and we encourage all our Customers to review it and sign.
By using the Service, you represent that you are at least 18 years of age.