JangoMail, to include JangoSMTP (the SMTP-only version of JangoMail) (“JangoMail”) has adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that JangoMail obtains from Customers.
If you are subject to the EU General Data Protection Regulation (“GDPR”), please see additional information here.
All JangoMail employees who handle Personal Data from Europe are required to comply with the Principles stated in this Policy.
In compliance with the Privacy Shield Principles, JangoMail commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact JangoMail at email@example.com or by mail at:
ATTN: Privacy Shield
8087 Washington Village Dr, Ste 201
Dayton, OH 45458
This Policy applies to the processing of Customer Personal Data that JangoMail receives in the United States concerning Customers who reside in Europe. JangoMail provides outbound email services (mass email campaigns and transactional messages) to companies and individuals.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms or anonymous email accounts are used. The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.
2. RESPONSIBILITIES AND MANAGEMENT
JangoMail has designated an internal team to oversee its information security program, including its compliance with the Privacy Shield program. The internal team shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to privacyshield@us.JangoMail.com.
JangoMail will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. JangoMail personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that JangoMail has undertaken to protect Personal Data.
3. RENEWAL / VERIFICATION
JangoMail will renew its Privacy Shield certification annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, JangoMail will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, JangoMail will undertake the following:
- Ensure that this Policy continues to comply with the Privacy Shield principles
- Confirm that Customers are made aware of the process for addressing complaints and any independent dispute resolution process (JangoMail may do so through its publicly posted website, Customer notices via email, or both)
- Review its processes and procedures for training Employees about JangoMail’s participation in the Privacy Shield program and the appropriate handling of Customer Personal Data
4. COLLECTION AND USE OF PERSONAL DATA
The Personal Data that we collect may vary based on the Customer’s interaction with our website and use of our services. In general, as a customer, JangoMail collects owner, billing and company contact data used for administrative and billing matters. With respect to email recipients, JangoMail stores the data you provide in a list. List information/data is not shared with third parties. Do not include personal data in lists that is not needed for the sending of messages.
5. WHERE YOUR INFORMATION IS PROCESSED
6. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
JangoMail does not disclose Personal Data (either you as a customer, or data belonging to your recipients) to any Third Parties.
JangoMail may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, JangoMail may store such Personal Data in the facilities operated by Third Parties (e.g., a data center hosting the application database). Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by JangoMail and they must either:
(1) comply with the Privacy Shield principles or another mechanism permitted by the applicable European data protection law(s) for transfers and processing of Personal Data; or
(2) agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy.
JangoMail also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Third Parties service providers typically do not have any direct access to data processed by JangoMail.
JangoMail may be forced to disclose an individual’s personal information when compelled by a request made by a recognized public authority or where required to meet national security and or law enforcement requirements.
In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, JangoMail is potentially liable. JangoMail’s liability under this agreement will be governed by the contract in place between Customer and JangoMail.
7. SENSITIVE DATA
JangoMail does not collect Sensitive Data from its Customers. JangoMail strongly recommends that you do not send Sensitive Data (personal or otherwise) via email sent through our system. Email lists should only include the data you need for a campaign.
8. DATA INTEGRITY AND SECURITY
JangoMail uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. JangoMail has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to JangoMail’s electronic information systems requires user authentication via password or similar means. JangoMail also employs access restrictions, limiting the scope of employees who have access to Customer Personal Data. Further, JangoMail uses secure encryption technology to protect certain categories of personal data.
10. ACCESSING PERSONAL DATA
JangoMail personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
11. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
Right to Access. As a user of the JangoMail application, you have the right to access your data at any time. Data subjects have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which JangoMail collected the Personal Data. Data Subjects may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law. Upon reasonable request and as required by the Privacy Shield principles, JangoMail allows Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Note that personal data is often removed from our systems or permanently upon closure of Customer accounts, and in those cases, personal information is no longer accessible or editable.
Requests for Personal Data. JangoMail will track each of the following and will provide notice, when required, to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If JangoMail receives a request for access to his/her Personal Data from a Customer’s customer, then, unless otherwise required under law or by contract with such Customer, JangoMail will refer such Data Subject to Customer.
Satisfying Requests for Access, Modifications, and Corrections. JangoMail will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
Limiting Use of Personal Data. You may request limitations on the use of your personal data specified in this agreement by contacting us at privacyshield@US.JangoMail.com.
12. CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
13. QUESTIONS OR COMPLAINTS
Customers may contact JangoMail with questions or complaints concerning this Policy at the following address privacyshield@us.JangoMail.com.
14. ENFORCEMENT AND DISPUTE RESOLUTION
Customers with questions or concerns about the use of their Personal Data should contact us at privacyshield@us.JangoMail.com. In compliance with the Privacy Shield Principles, JangoMail commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union with inquiries or complaints regarding our Private Shield policy should first contact privacyshield@us.JangoMail.com.
As part of this agreement, JangoMail subjects itself to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
DEFINITIONS (Chapter 1, Article 4)
“Customer” means a prospective, current, or former partner (distributor or reseller), vendor, supplier, customer, or client of JangoMail. The term also shall include any individual agent, employee, representative, customer, or client of a JangoMail Customer where JangoMail has obtained his or her Personal Data from such Customer as part of its business relationship with the Customer.
“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
“Employee” means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of JangoMail or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
“Europe” or European” refers to a country in the European Economic Area.
“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.
“Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
“Third Party” means any individual or entity that is neither JangoMail nor a JangoMail employee, agent, contractor, or representative.