LAST REVISED OCTOBER 24, 2023
MAILSHAKE IS OWNED AND OPERATED BY MAILSHAKE, LLC
Mailshake, LLC (“Mailshake”, “we” or “us”) recognizes the importance of privacy for our customers and users. We want to be transparent about how we collect and use information in connection with the website Mailshake.com (the “Site”) and any service offered by the company, provided in connection with the Site or otherwise (the “Services”). Thus, we developed a privacy policy (the “Privacy Policy”) that applies to the Site and Services, and this is incorporated by reference into the Site Terms of Use accessible here.
In this Privacy Policy, we’ll often refer to “Personal Information”. This is information that identifies (directly or indirectly) a particular individual. Personal Information may include (without limitation) your first name, last name and email address, and you may provide Personal Information to us in many ways including on our forms, surveys, applications or during account creation or usage.
In this Privacy Policy, when we refer to “you” or “your,” we mean any person accessing the Site. If the person accessing this Site acts on behalf of another person or entity, “you” or “your” also means that other person or entity. By submitting Personal Information through the Site or Services, you are providing your permission and consent for the collection, use, retention and disclosure of Personal Information as set forth in this Privacy Policy. You should not submit the Personal Information of another person through the Site or Services if you do not have permission for the use, retention and disclosure of the Personal Information as set forth in this Privacy Policy.
The Privacy Policy describes the following:
Before we discuss the types of information we collect, please note that use of our Site and Services is strictly limited to persons who have attained the age of majority in the jurisdiction in which they reside; you must be at least eighteen (18) years old to use our Site and Services in any jurisdiction. Mailshake does not knowingly collect or store any Personal Information or any information from any persons under the age of 13. If Mailshake discovers that Personal Information of persons under 13 years of age, or the age of consent in certain jurisdictions, has been collected or stored, Mailshake will take the appropriate steps to delete this information from our systems.
INFORMATION YOU PROVIDE VOLUNTARILY TO US
We collect Personal Information from you directly. For example, we may obtain Personal Information when you request information, products or services from or otherwise interact with the Site or Services, or fill out a Registration Form.
We may also collect Personal Information through your access to your accounts online, as well as your asking questions through our “Contact Us” link, such as your name, address, e-mail address and other contact information. We may also collect data resulting from your activity on the Site, such as transaction information.
INFORMATION WE COLLECT AUTOMATICALLY
We collect navigational information about where visitors go on our Site and information about the technical efficiencies of our Site and Services. In the process of gathering navigational information, anonymous information may be collected which will provide information to us regarding use of our Site. Anonymous information is information that does not directly or indirectly identify, or cannot reasonably be used to identify, a particular individual. Examples of anonymous information may include information about your Internet browser, domain type, usage statistics, and service provider, collected through tracking technologies and aggregated or de-identified data.
We may also collect anonymized location information or your IP address for analytics purposes, and we may authorize third parties to do so. This information may be collected from your mobile device’s location-aware features when you request certain services that are dependent on your physical location.
COOKIES AND OTHER TRACKING MECHANISMS
Depending on how you access and use our Site and Services, you may use a browser feature known as a “cookie.” A cookie is a piece of data stored on the computer that runs an Internet browser and is commonly used to store information about a user’s online activities, including information such as the content or advertisements that a user views or the pages a user visits within a particular website. A cookie can contain information about you, your computer, your browser, your session, the websites you visit and other information about you or others who use, or have used, the computer or browser you use to access the Internet. Cookies are used for record-keeping purposes: the stored information can be retrieved by our website server when you return to the website. This allows us to personalize or regulate the use of this Site, and it also permits us to automate the access and data entry functions of this Site (e.g., login information), and to tailor the appearance or presentation of this Site to your preferences or interests.
We use cookies as a convenience feature to save you time, to understand how our Site is used, and to improve the content and offerings on our Site. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent visits (e.g., to recognize you by name when you return to our Site). We may also use cookies to offer you or inform you of products, programs or services and targeted advertising. You can opt to have your browser reject cookies.
Most or all browsers permit you to disable or reject cookies. You can do this by adjusting your preferences in the browser.
Below is a non-exhaustive list of the cookies, explanations and cookie policies, if applicable, on the Site. While we will maintain the accuracy of this list in good faith, it may not be complete or fully up-to-date.
Origin | Explanation | Cookie Policy |
Mailshake | Our sessionID and prefs cookies keeps your session active and maintains a collection of simple preferences, respectively. Both expire when you close your browser or log out of Mailshake. | https://mailshake.com/privacy/ |
Stripe | Cookies may be used to assist in payment transactions. | https://stripe.com/cookies-policy/legal |
Collects information about how visitors use our site. We embed YouTube videos to demonstrate features which may place cookies. | https://policies.google.com/technologies/cookies | |
Advertising pixel for prospecting and retargeting. | https://www.facebook.com/policy/cookies | |
TinyMCE | HTML editor we use that may place cookies to facilitate a proper user experience. | https://www.tiny.cloud/legal/privacy |
Zapier | Third party integration cookies; zapforeversession and zapsession helps Zapier improve user experience for end users. | https://zapier.com/privacy/cookie-notice |
Amplitude | Collects information about how users use our product to analyze and improve the user experience. | https://amplitude.com/privacy |
DO NOT TRACK
Except as may be otherwise required by applicable law, Mailshake does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to “Do Not Track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time and across third-party Web sites or online services. Accordingly, your selection of the “Do Not Track” option provided by your browser may not have any effect on our analytics or tracking tools. Use the “Help” feature of your browser to obtain more information about refusing cookies. If you set the browser you use to reject cookies, you may not be able to access the Site or use the full functionality of the Site, or it may take additional time to utilize such functionality. If you opt to reject cookies, you may need to re-register with us every time you visit our Site. Your continued use of our Site reflects your consent to allow additional cookies to be placed on your computer to help you navigate the Site.
PIXEL TAGS, WEB BEACONS AND SIMILAR TECHNOLOGIES
These are typically small pieces of data that are embedded in images on the Site, our applications or certain e-mail communications that we send to you. They may involve the transmission of information directly to us, to another party on our behalf or to another party in accordance with its privacy policy. We may use these technologies to track your engagement with our application or our marketing messages.
CLICKSTREAM DATA
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may use clickstream data as a form of non-Personal Information to anonymously determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors.
LOG FILES
Mailshake or our hosting provider may collect traffic information from visitors for statistical analysis and Site improvement. When you access the Site, we (or our hosting provider) may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We (or our hosting provider) use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We (or our hosting provider) may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.
INFORMATION PROVIDED BY CUSTOMERS
We collect Personal Information submitted by our customers while using the Services. For example, we may obtain Personal Information about a sales prospect of a customer from the customer’s CRM or other software/tool.
INFORMATION OTHER WEBSITES COLLECT FROM YOU
Our Site may contain links to other websites operated by other parties whose practices may be different than ours. When you click on such links and visit such other websites, you need to be aware that we may not control such other websites or such other websites’ business practices, and that this Privacy Policy does not apply to such other websites. Consequently, the operators of such other websites may collect different kinds of information about you and may use and disclose that information in different ways than we would if it were collected on the Site.
We may use your Personal Information to provide the Services, help us improve our product and service offerings, improve the Site’s functionality, process queries on the Site, to contact you when necessary in connection with products or services you accessed or inquired about via the Site (i.e. troubleshooting your account), to provide you with account login credentials, and to send you information, offers and other promotional materials from us and third parties, for any other purpose where authorized by you, and for any other lawful purposes described in this Privacy Policy. We may also use your information for analytics purposes to assist us in understanding how you use the Site or Services and to improve our Site or Services. Below is additional information on how we use specific categories of Personal Information.
E-MAIL ADDRESS
We may use your e-mail address to provide customer service information or answer your questions and requests. We may also occasionally send you our e-mail updates, notifications or other information about our products and services or about the products and services of our affiliated companies. We include information in each commercial email that allows you to opt out of receiving future communications.
FINANCIAL INFORMATION
By engaging in any kind of activity on the Site that uses financial information, you consent to our using your financial information, including credit card information, or providing your financial information to our service providers and to such third parties as we determine is necessary, to process your transactions. These third parties may include banking institutions used to process these transactions. Any of these various third parties are authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.
DEMOGRAPHIC INFORMATION
We may use demographic information to tailor the Site and communications to the interests of our users.
THIRD-PARTY EMAIL ACCOUNT SYNCING
Mailshake allows you to connect our Services to your various third-party email accounts (such as Gmail) for the purpose of sending email and for us to check your inbox for replies and bounces. We require a small set of permissions on your third-party email account to be able to do this and will only use it for the purpose of providing you with our Services or for diagnosing issues related to your third-party email account. Mailshake will not use your email account credentials for any purpose other than providing the Services to you. Mailshake is not responsible for any issues related to your third-party email account.
Permissions we require for connected Google accounts:
“View your email messages and settings”
“Send email on your behalf”
GOOGLE API SERVICES
Mailshake’s 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.
Mailshake does not provide email warming services for Google accounts.
Except as described in this Privacy Policy, we do not disclose information about your individual visits to our site, or Personal Information that you provide to any outside parties, except when we believe, in good faith, that such release is reasonably necessary to (i) comply with any law, or (ii) protect the rights, property or safety of Mailshake, our users or third parties.
DISCLOSURE TO VENDORS
We may provide information about you (including your Personal Information) that you have provided to us through the Site to third parties (“Vendors”) that provide services to help us with our business activities such as to host or maintain our Site; for data processing services; to provide website or data security; to provide operational, analytical or reporting services; or to provide technical support. In connection with providing those services to Mailshake, a Vendor may have access to your Personal Information, but such Personal Information will be disclosed to Vendors in a manner consistent with our Data Security processes, and will not be used for any purpose other than as Mailshake authorizes.
DISCLOSURE TO LEGAL AUTHORITIES
Mailshake may disclose your Personal Information when required by subpoena, court order or other legal process, or if it has a good-faith belief that disclosure is necessary to (a) comply with any applicable federal, state or local law or regulation, (b) assist government enforcement agencies, (c) investigate, prevent or take action in connection with suspected or actual illegal activities, (d) investigate suspected or actual violations of Mailshake’s rights, (e) protect the rights, property or safety of Mailshake and its customers or employees, or others, (f) investigate and defend against any third-party claims brought against Mailshake or (g) protect the security and integrity of our Site.
DISCLOSURE FOR CORPORATE TRANSACTIONS
We consider the information that you provide to us to be a business asset. Accordingly, Mailshake may disclose Personal Information and other information about you to a third party in connection with a business transaction permitted by applicable law or the sale, assignment or transfer of some or all of the assets of Mailshake or as the result of a change in control of Mailshake, in which case we will require any such third party to treat any such Personal Information in accordance with this Privacy Policy. Any such third party to whom Mailshake sells, assigns or transfers the Personal Information or Mailshake’s assets will have the right to use the Personal Information and other information that you have provided to us.
DISCLOSURE OF ANONYMIZED INFORMATION
Mailshake reserves the right to use and disclose anonymized information, aggregated information or publicly available information that has not been combined with nonpublic Personal Information for any purposes including without limitation Mailshake’s internal use and research.
However, Mailshake will not disclose information, even in anonymized, aggregate, or derivative forms, that is made available by our connection to email providers such as Gmail, including API calls relating to checking, reading, or sending email, in accordance with the Additional Requirements for Restricted Scopes as specified by Google. When connecting to email providers such as Gmail, Mailshake will only make use of the information necessary to render our service so that we can display our user interface and perform requested actions on your account.
PROMOTIONAL MATERIALS
We may contact you for promotional purposes via email or other lawful means, including but not limited to, contacts made on behalf of our customers as part of the Services, and third-party or partner messages in connection with products, goods or services that may be of interest to you. We recommend that users who no longer wish to receive promotional materials or have their information provided to third parties modify their account settings, as you may have chosen to receive promotional materials in the account registration process. If you are still receiving promotional materials 30 days after modifying your account settings to no longer receive such emails, you may contact us directly using the information below and we will use commercially reasonable efforts to comply with changes you request. Note that our compliance with such requests in certain cases may involve batch processing and other processes that take 30 days or longer. If you require an immediate change to your Personal Information and are unable to make such a change using the available Site resources, please contact us. If you opt not to receive such communications or to allow us to share your information and then you give your Personal Information to us again by using the Site or under other circumstances that permit us to use your information, we will regard your opt-out as having been rescinded. Also, please note that users may not necessarily opt out of receiving all communications from us or opt out of sharing certain information with third parties, as specified as being necessary in various portions of this Privacy Policy.
You may additionally opt out of receiving email communications by using the opt-out instructions included in an email you may receive from us.
Please note that ordinarily changing or deleting your information through the Site, or otherwise opting out of receipt of email communications from us and third parties, will only change or delete the data in our database for purposes of transacting future business on or relating to the Site and for managing future communications from us and third parties. Except as may be otherwise required by applicable law, these changes and deletions will not change or delete information collected or submitted pursuant to any customer agreement, or information already collected as part of a product or service purchase in our transactions database which may be shared with our third-party service providers regardless of your email preferences.
DISCLOSURE TO AUTHORIZED THIRD PARTIES
There are links on our Site that direct users to third-party websites. If you follow any such links and you enroll in the respective services, your name and other requested information will be transferred to the operators of the respective third-party website. If you choose to use these third-party services, please review the third-party website’s terms of use and privacy policy prior to any transfer of your personal, or other, information. Mailshake is not affiliated with such third-party websites, and you therefore acknowledge and agree that your use of such third-party websites is at your own risk, and Mailshake will not be responsible for the operation of such third-party websites or your access and use thereof.
We may also contract with some third parties to monitor certain pages of our website for the purpose of reporting website traffic. Where authorized by us, these third parties may use cookies and/or other monitoring technologies to compile non-identifiable information about our website visitors.
We may also provide Personal Information to third-parties with our customer’s authorization or your consent. Mailshake reserves the right to use and disclose Personal Information for any lawful purposes described to our customer or you, including without limitation, sales activities of third-party organizations.
DISCLOSURE TO OTHER THIRD PARTIES
We sell, license or share personal information to or with certain customers, third-parties or third-party partners, including but not limited to sales, marketing and advertising organizations, and that information disclosed may include various elements of Personal Information, including your name, email address and other information enabling them to contact you with offers, services or products that may be of interest to you. In such disclosures, we comply with all applicable laws. Please note such disclosures may constitute a “sale” under certain privacy laws, such as the California Consumer Privacy Act. The information disclosed contains business personas including name, employer, job title, email address, phone number, office address, social media or professional profile link, and work or educational history. This information is sold for the purpose of business-to-business sales and marketing and recruiting and is provided subject to license agreements that limit its use to those purposes. Please note: We do not disclose for such purposes the information provided by customers during the account signup process (i.e., our customer contact, or their financial information), or where it is prohibited by contractual terms or an applicable law.
These third-parties may use cookies, web beacons, pixels, tags, scripts, device recognition and similar technologies in order to collect information about you, and provide you advertising or promotional materials based upon your Personal Information, browsing activities and interests.
This section does not apply to your credit card information, which is instead described in the section titled “Financial Information” above.
Account. In order to keep your personal information accurate and complete, you can log in to review and update your account information, including contact and billing information, via your account settings page. You may also contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information. We will do our best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, cancel your account or request we delete or no longer use your account information to provide you Services, contact us at hello@mailshake.com or the address set forth at the end of this Privacy Policy. Subject to applicable law, we will retain and use your account information only as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
General. We strive to provide you with choices regarding the personal information you provide to us and we understand that you have the right to access, correct, delete, object to and restrict our use of your personal information in certain jurisditions. We also understand that you have the right to obtain a copy of your personal information from us and to withdraw your consent of the processing of your personal information by us in certain jurisdictions. You can always opt not to disclose information to Mailshake, but keep in mind some information is needed in order to use our Services. You may close your account by contacting us at hello@mailshake.com. Please note that some information may remain in our private records even after the closure of your account or the deletion of any information from your account as noted below. In addition, we may ask you to verify your identity before responding to any of the above requests.
Accessing and Correcting Your Information. You may be able to add, update, or delete information in your account by logging into your account profile. You may also send us an email at hello@mailshake.com to request access to, correct or delete any personal information that you have provided to us. In certain situations, we cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
You may also request a copy of your personal information that you have provided to us directly by sending an email to hello@mailshake.com. We will provide you a copy of your personal information in a commonly used electronic form.
E-mail. As described above, if you do not wish to receive promotional emails from us, you may opt out at any time by following the opt-out link contained in the email itself. Please note that it may take up to ten (10) days to process your request. Please also note that if you opt out of receiving marketing communications from us, we may continue to send to you service-related emails which are not available for opt-out. If you do not wish to receive any service-related emails from us, you have the option to deactivate your account.
Cookies. You may also refrain from providing, or withdraw, your consent for cookies. Your browser’s help function should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time.
Third Party Analytics Services. Some of the services used provide the ability to opt-out. You may opt-out of Google Analytics’ using Opt-Out Features on their respective websites.
The Google Analytics service is provided by Google Inc. You can opt-out from Google Analytics service from using your information by installing the Google Analytics Opt-out Browser tool: https://tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy.
Nevada SB220. To opt-out of the sale of covered information as a Nevada consumer, please email hello@mailshake.com.
Additional Rights. Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority. If you are entitled to additional disclosures, the right to opt-out of certain processing, or other privacy rights by an applicable law, and the opt-out, disclosure or right is not listed in this Privacy Policy, please email us at hello@mailshake.com to exercise your rights or receive the information required to be provided.
The Mailshake Site and Services are hosted in the United States and are governed by United States law. If you access the Site or Services from outside the United States, please be advised that the information you provide Mailshake may be transferred to, processed and stored in the United States where the Mailshake servers are located and our central database is operated. You acknowledge and understand that the data protection and other laws of the United States might not be as comprehensive as those in your country. By your continued use of the Mailshake Site and Service, you consent to the transfer of your personal information to the United States.
California residents may request certain information regarding the disclosure of your personal information by Mailshake to third parties for direct marketing purposes. As noted above, Mailshake does not disclose your personal information to third parties for direct marketing purposes unless you have first agreed to such disclosure. However, if you would like to make such a request, then please contact Mailshake at hello@mailshake.com. See our California Consumer Privacy Act and Virginia Consumer Data Protection Act Policy here.
Mailshake takes reasonable precautions to protect Personal Information provided to us through the Site from loss, misuse, unauthorized access, disclosure, alteration and destruction. Mailshake has put in place reasonable and appropriate physical, electronic and managerial procedures designed to safeguard and secure such Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. Our security and privacy policies are periodically reviewed and enhanced as necessary. While Mailshake strives to undertake such reasonable and necessary efforts to secure Personal Information provided to us through the Site, even such security measures do not guarantee the security of all Personal Information, and Mailshake cannot guarantee that the Personal Information it collects, uses and retains will be protected in all circumstances, including those beyond Mailshake’s reasonable control.
Particularly sensitive information is encrypted. You can usually tell whether encryption is being used by noting the “locked” or other status indicator on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g., by displaying a lock, a key or a similar icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session. Your information may be transferred to and maintained on computer networks that may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
Below is a non-exhaustive list of our security procedures:
This Privacy Policy is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, and if we do we’ll post any changes (material or otherwise) on this page. Please check back periodically, as you agree to any revisions to the Privacy Policy by continued use of the Site or Services.
If you have any questions or concerns about this Privacy Policy, please contact us at hello@mailshake.com or 1920 E. Riverside Dr, Suite A120-116, Austin, TX 78741.