Privacy policy and Cookies

Gumbamail Privacy Policy

Acumbamail S.L., with registered office in Avenida Rey Santo 3D, floor 3, office 2 - 13001 CIUDAD REAL - CIUDAD REAL («Acumbamail»), is committed to protecting the online privacy of the users of the website www.gumbamail.com («Website») and the Chrome Web Store extension called Gumbamail («Extension»). As such, this document («Privacy Policy») has been written in order to allow you to understand how your Personal Data, below defined, will be handled when using the Website or the Extension. This Privacy Policy will also provide you with information so that you are able to consent to the processing of your personal data in an explicit and informed manner, where appropriate.

As a general rule, any information or any data that you provide to Acumbamail through the Website or the Extension, or that is otherwise collected through the Website or the Extension, while making use of Acumbamail's services («Services») - as further described in Section 3 below - will be processed in a lawful, fair and transparent manner by Acumbamail. To that end, Acumbamail takes into account internationally recognized principles governing the processing of personal data, such as purpose limitation and storage limitation or minimization, data quality and confidentiality.

1. Data controller

Acumbamail, as identified at the top of this Privacy Policy, is the data controller regarding all Personal Data processing carried out through the Website or the Extension. Acumbamail's Data Protection Officer (DPO) can be contacted at the following email address: dpo@acumbamail.com

2. Personal Data processed

When you use the Website or the Extension, you may provide to us or we may collect some of your Personal Data, such as your name, an identification number, an online ID or one or more characteristic elements of your physical, physiological, mental, economic, cultural or social identity which allows you to be identified either by itself, or together with other information which has been collected («Personal Data»).

Your Personal Data can be collected by Acumbamail both when you choose to provide them (e.g., when you ask Acumbamail for information through the Section “Contact us” of the Website or the Extension, when you subscribe to the newsletter or when you request for the Services) or simply by analysing your behaviour on the Website or the Extension.

Personal Data which can be processed through the Website or the Extension are described below.

a. Name, contact details and other Personal Data

In various sections of the Website or the Extension – including, particularly, when you request the Services o when you ask for information relating Acumbamail’s Services – you will be asked to submit information about yourself, such as your e-mail address. Additionally, whenever you communicate with Acumbamail through the contact details provided in the Website or the Extension, Acumbamail may collect additional information which you choose to provide.

b. Special categories of Personal Data

Certain areas of the Website or the Extension (e.g. the Contact form or the Assistance chat form) may include free text fields, where you can provide to Acumbamail information which may contain Personal Data.

Where these fields are completely free, you may use them to disclose (inadvertently or not) more sensitive categories of Personal Data, such as data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership. The content you upload in these fields may also (inadvertently or not) include other types of sensitive information relating to you, such as your genetic data, biometric data or data concerning your health, sex life or sexual orientation.

Acumbamail asks that you do not disclose these kinds of Personal Data, unless you consider this to be strictly necessary. Please mind that sensitive categories of Personal Data can be processed with your explicit consent only, in compliance with the current legislation. Acumbamail underlines the importance to express your explicit consent to process this sort of Personal Data, where you decide to share them.

c. Data voluntarily provided by the data subject

As mentioned in the previous section, certain areas of the Website or the Extension allow you to post various types of content, available to Acumbamail that may include Personal Data related to other people.

In any situation where you decide to share Personal Data related to other persons, you will be considered as an independent data controller regarding that Personal Data and must assume all inherent legal obligations and responsibilities. This means, among other things, that you must fully indemnify Acumbamail against any complaints, claims or demands for compensation for damages which may arise from the processing of this Personal Data, brought by the third parties whose information you provide through the Website or the Extension.

In any case, if you provide or otherwise process Personal Data of third parties when using the Website or the Extension, you guarantee from now on - assuming all related liability - that that particular processing hypothesis is based on the consent of the third party concerned or on another appropriate legal basis legitimising the processing of the Personal Data of third parties.

d. Data automatically collected when sending e-mails or communications

When we send e-mail or communications we use tracking systems, with the explicit and freely provided consent of the user, such as pixel or web bacons, in order to detect the opening of a message, the clicks made on hyperlinks contained within the e-mail, from which IP address or with which type of browser the email is opened and other similar details.

e. Browsing data

The Website or the Extension’s operation, as is standard with any websites on the Internet, involves the use of computer systems and software procedures, which collect information about the Website or the Extension’s users as part of their routine operation. While Acumbamail does not collect this information in order to link it to specific users, it is still possible to identify those users either directly via that information, or by using other information collected – as such, this information must also be considered Personal Data.

This information includes several parameters related to your operating system and IT environment, including your IP address, location (country), the domain names of your computer, the URI (Uniform Resource Identifier) addresses of resources you request on the Website or the Extension, the time of requests made, the method used to submit requests to the server, the dimensions of the file obtained in response to a request, the numerical code indicating the status of the response sent by the server (successful, error, etc.), and other parameters related to the operating system and user’s IT environment.

These data are used to compile statistical information on the use of the Website or the Extension, as well as to ensure its correct operation and identify any faults and/or abuse of the Website or the Extension. Save for this last purpose, these data are not kept for more than 7 days.

f. Cookies

f.1. Definitions, characteristics, and application of the legislations

Cookies are small text files that may be sent to and registered on your computer by the websites you visit, to then be re-sent to those same sites when you visit them again. It is thanks to these cookies that those websites can “remember” your actions and preferences (e.g., login data, language, font size, other display settings, etc.), so that you do not need to configure them again when you next visit the website, or when you change pages within a website.

Cookies are used for electronic authentication, monitoring of sessions and storage of information regarding your activities when accessing a website. They may also contain an unique ID code which allows tracking of your browsing activities within a website, for statistical or advertising purposes.

When browsing a website, you may also receive cookies from websites or web servers other than the website being visited (i.e. “third-party cookies»).

Some operations within a website may not be able to be performed without the use of cookies which, in certain cases, are technically necessary for operation of the website.

There are various types of cookies, depending on their characteristics and functions, which may be stored on your computer for different periods of time: “session cookies”, which are automatically deleted when you close your browser, and “persistent cookies”, which will remain on your device until their pre-set expiration period passes.

According to the law which may be applicable to you, your consent may not always be necessary for cookies to be used on a website. In particular, “technical cookies” – i.e. cookies which are only used to send messages through an electronic communications network, or which are needed to provide services you request – typically do not require this consent. These cookies are, in other words, essential for the operation of the site or necessary to perform activities requested by the user.

On the other hand, “profiling cookies” – i.e., cookies used to create profiles on users and to send advertising messages in line with the preferences revealed by users while browsing websites – typically require specific consent from users, although this may vary according to the applicable law.

f.2. Types of cookies used by the Website and possibility of (de-)selection

The Website use the following types of cookies that can be de-selected, except for third-party cookies for which you must refer directly to the relative selection and de-selection of the respective cookies, indicated via links:

Browsing or session cookies, which are strictly necessary for the Website or the Extension’ operation, and/or to allow you to use the Website or the Extension’ content and Services.

Analytics cookies, which allow Acumbamail to understand how users make use of the Website or the Extension, and to track traffic to and from the Website or the Extension. These cookies do not collect information about your identity or any Personal Data. Information are processed in aggregate and anonymous form.

Function cookies, which are used to activate specific Website or Extension functions and to configure the Website or the Extension according to your choices (e.g., language), in order to improve your experience.

Profiling cookies, which are used to observe the preferences you reveal through your use of the Website or the Extension and to send you advertising messages in line with those preferences.

Acumbamail also uses third-party cookies – i.e. cookies from websites/web servers other than the Website or the Extension, owned by third parties, including Profiling cookies. These third parties, listed below with related links to privacy policies, will either act as independent data controllers from Acumbamail regarding their own cookies (using the data they collect for their own purposes and under terms defined by them) or as data processors for Acumbamail (processing personal data on Acumbamail’s behalf).

f.3. Cookies present on the Website

In detail, the tracking technologies present on the Website are as follows:

In relation to Google Analytics cookies, it should be noted that these are considered strictly necessary and therefore do not require the user's prior consent. This is in accordance with the law, as the service has been configured to guarantee the anonymization of the IP addresses associated with each request and to prevent Google from combining or cross-referencing the collected data with other data in its possession.

f.4. Cookie settings

You can block or delete all or some of the Browsing and Function cookies used on the Website or the Extension via your browser options.

However, we inform you that if you do not authorize technical cookies, it may be impossible to use the Web site, view its contents and use the related services.

The choices made with reference to the cookies of the Website or the Extension will in turn be recorded in a special cookie. This cookie may, however, in some circumstances do not work properly: in such cases, we advise you to delete unwanted cookies and to inhibit their use through the functionality of your browser.

The choices made with reference to the cookies of the Website or the Extension will in turn be recorded in a special cookie. This cookie may, however, in some circumstances do not work properly: in such cases, we advise you to delete unwanted cookies and to inhibit their use through the functionality of your browser.

Your cookie preferences will be reset if different browsers are used to access the Website or the Extension.

f.5. How to view and modify cookies throught the browser

You can block or delete cookies used on the Website or the Extension via your browser options. Your cookie preferences will be reset if different browsers are used to access the Website or the Extension. For more information on how to set the preferences for cookies via your browser, please refer to the following instructions:

- Google Chrome

- Mozilla Firefox

- Internet Explorer

- Safari

If you do not use any of these browsers, select «Cookies» in the appropriate section of the manual to find out where your cookie folder is located.

You can also set your preferences regarding third party cookies by using online platforms such as AdChoice or All About Cookies.

CAUTION: If you block or delete technical and/or function cookies used by the Website or the Extension, the Website or the Extension may become impossible to browse, certain services or functions of the Website or the Extension may become unavailable or other malfunctions may occur. In this case, you may have to modify or manually enter some information or preferences every time you visit the Website or the Extension.

Regarding Flash cookies, please click on the link below to change your Flash cookie settings: Disabling Flash cookies.

3. Purposes of processing

Acumbamail intends to use your Personal Data, collected through the Website or the Extension, for the following purposes:

• Providing Services such as: allowing you to create and maintain a registered user profile, download our ebooks in the dedicated section of the Website or the Extension, verifying your identity and assist you, in case you lose or forget your login/password details for any of the registration services, replying to your requests for information sent through the Contacts Section and to provide any other Services which you may request («Service Provision»);

• For future marketing, promotional and publicity purposes, including to carry out direct marketing, market research and surveys, via e-mail, SMS, over the phone, through push notifications/pop-up banners, instant messaging, through Acumbamail’s official social media pages, as well as for marketing activities in the broad sense, including prize events, games and competitions, products and/or services related to the company and/or to third-party products and/or services. Personal Data not entered directly on the Website or the Extension, but obtained through integrations with third parties, specifically Google services, will be excluded from this purpose and will only be processed internally in order to offer the service but never transferred to third parties («Marketing»);

• For e-mail marketing communication regarding products and services identical or similar to those you have previously purchased («Soft Spam»);

• To create a profile of you as a Website or Extension user, through the use of profiling cookies, where you gave the consent, and by collecting and analysing information on the preferences you select and choices you make in the Website or the Extension, as well as your general activities on the Website or the Extension. This profile will be used to give you information about other websites/services which Acumbamail believes you may be interested in, and to show you information and advertisements which may be relevant to you and your interests. All algorithms involved in this processing are regularly tested, to ensure that you are not offered products in which you are not interested («Profiling»);

• For compliance with laws which impose upon Acumbamail the collection and/or further processing of certain kinds of Personal Data («Compliance»); and

• To prevent and detect any misuse of the Website or the Extension, or any fraudulent activities carried out through the Website or the Extension («Misuse/Fraud»).

4. Legal bases for the processing and mandatory/discretionary nature of processing

Acumbamail’s legal bases to process your Personal Data, according to the purposes identified in Section 3, are as follow:

Service Provision: Processing for these purposes is necessary to provide the Services and, therefore, is necessary for the performance of a contract with you or for the execution of pre-contractual measures. It is not mandatory for you to give Acumbamail your Personal Data for these purposes; however, if you do not, Acumbamail will not be able to provide any Services to you. The same applies to the newsletter service following your specific request by inserting your e-mail address and that you can withdraw at any time by following the instructions provided in Paragraph 8 of this Policy.

Marketing: Processing for these purposes is based on your consent. It is not mandatory for you to give consent to Acumbamail for use of your Personal Data for these purposes, and you will suffer no consequence if you choose not to give it (aside from not being able to receive further marketing communications from Acumbamail). Any consent given may also be withdrawn at a later stage (please see Section 8 for more information).

Soft Spam: Processing for these purposes is based on Acumbamail’s interest in sending you direct e-mail marketing communication regarding products and services provided by Acumbamail and which are identical or similar to those you have previously purchased through the Website or the Extension. You can block these communications, and you will suffer no consequence if you do so (aside from not being able to receive further communications from Acumbamail), by objecting through the link provided at the bottom of all such communications.

Profiling: Processing for this purpose is based on your consent, collected by means of the cookie pop-up banner. It is not mandatory for you to give consent to Acumbamail for use of your Personal Data for this purpose, and you will suffer no consequence if you choose not to. Any consent given may also be withdrawn at a later stage (please see Section 8 for more information). To withdraw your consent in relation to cookies, please see the Cookie section.

Compliance: Processing for this purpose is necessary for Acumbamail to comply with its legal obligations. When you provide any Personal Data to Acumbamail, Acumbamail must process it in accordance with the laws applicable to it, which may include retaining and reporting your Personal Data to official authorities for compliance with tax, customs or other legal obligations.

Misuse/Fraud: Information collected for this purpose is used exclusively to prevent and detect fraudulent activities or misuse of the Website or the Extension (for potentially criminal purposes) and therefore it allows Acumbamail to defend itself in Court.

5. Recipients of Personal Data

Your Personal Data may be shared with the following list of persons/entities («Recipients»):

• Entities typically acting as Data Processor, such as: i) Persons, companies or professional firms providing Acumbamail with advice and consultancy regarding accounting, administrative, legal, tax, financial and debt collection matters related to the provision of the Services and which act typically as data processors on behalf of Acumbamail; ii) Persons authorised to perform technical maintenance (including maintenance of network equipment and electronic communications networks);

• Entities engaged in order to provide the Services (e.g., hosting providers or e-mail platform providers);

• Persons authorised by Acumbamail to process Personal Data needed to carry out activities strictly related to the provision of the Services, who have undertaken an obligation of confidentiality or are subject to an appropriate legal obligation of confidentiality (e.g., employees of Acumbamail);

• Other companies within the our Company Group for internal administrative purposes; and

• Public entities, bodies or authorities to whom your Personal Data may be disclosed, in accordance with the applicable law or binding orders of those entities, bodies or authorities.

6. Transfers of Personal Data

Some of your Personal Data may be transferred to Recipients, both internal and external to our Company Group, located in several different countries.

Acumbamail ensures that the processing of your Personal Data by these Recipients takes place in compliance with applicable law and implements appropriate safeguards to ensure the lawfulness and security of these Personal Data transfers, such as by relying on adequacy decisions from the European Commission, standard data protection clauses adopted by the European Commission, or other safeguards or conditions considered adequate to the transfer at hand.

More information on these transfers is available upon written request to Acumbamail at the following address: privacy@acumbamail.com

7. Retention of Personal Data

Personal Data processed for Service Provision will be kept by Acumbamail for the period deemed strictly necessary to fulfil such purposes (e.g. to respond to requests for information received through the Contacts section) – in any case, as these Personal Data are processed for the provision of the Services, Acumbamail may continue to store this Personal Data for a longer period, as may be necessary to protect Acumbamail’s interests related to potential liability related to the provision of the Services.

Personal Data processed for Marketing and Profiling will be kept by Acumbamail from the moment you give consent until it is withdrawn. Where it is not withdrawn, consent will be renewed at fixed intervals. Once consent is withdrawn (or not given, following a renewal), Personal Data will no longer be used for these purposes, although it may still be kept by Acumbamail, in particular as may be necessary to protect Acumbamail’s interests related to potential liability related to this processing.

Personal Data processed for Soft Spam will be kept by Acumbamail until you object to this processing via the link you can find at the bottom of each mail.

Personal Data processed for Compliance will be kept by Acumbamail for the period required by the specific legal obligation or by the applicable law.

Personal Data processed for preventing Misuse/Fraud will be kept by Acumbamail for as long as deemed strictly necessary to fulfil the purposes for which it was collected and therefore until the time when Acumbamail will be required to keep them for legal protection to communicate such data to the competent authorities.

8. Data subjects’ rights

As a data subject, are entitled to exercise the following rights before Acumbamail, at any time:

• Access your Personal Data being processed by Acumbamail (and/or a copy of that Personal Data), as well as information on the processing of your Personal Data;

• Correct or update your Personal Data processed by Acumbamail, where it may be inaccurate or incomplete;

• Request erasure of your Personal Data being processed by Acumbamail;

• Request the restriction of the processing of your Personal Data;

• Exercise your right to portability: the right to obtain a copy of your Personal Data provided to Acumbamail, in a structured, commonly used and machine-readable format;

• Object to the processing of your Personal Data (for example: Soft Spam); or

• Withdraw your consent to processing (for Marketing and Profiling).

You can also withdraw consent for Marketing (for communications received via e-mail) or object to Soft Spam by selecting the appropriate link included at the bottom of every marketing e-mail message received. The same applies to the Acumbamail newsletter which you may have subscribed to and receive as a Service.

The consent to profiling through cookies can be withdraw through the procedure indicated in the previous Paragraph 2.g.

Aside from the above means, you can always exercise your rights described above by sending a written request to Acumbamail at the following address: privacy@acumbamail.com

In any case, please note that, as a data subject, you are entitled to file a complaint with the competent supervisory authorities for the protection of Personal Data, if you believe that the processing of your Personal Data carried out through the Website or the Extension is unlawful.

9. Chrome Web Store User Data Policy

The use of information received from Google APIs will adhere to the Chrome Web Store User Data Policy, including the Limited Use requirements.

Regarding the data collected from users by the extension, it is certified that it complies with the Limited Use policy. According to the standard disclosures defined by Chrome Web Store, it is stated below from which categories it is required to collect data:

• Personally identifiable information: It is collected. To attach the name and the email address of the user's Google account to its corresponding Gumbamail account is required in order to correctly identify and link an user logged into Gmail with its Gumbamail account. In addition, when filling the payment form for paid plans, extra personal identifiable information is required, like the VAT number. This information is required to support the billing process.

• Health information: It is not collected. No type of medical or health information (heart rate data, medical history, symptoms, diagnoses or procedure, etc.) is required.

• Financial and payment information: It is collected. No credit card numbers are stored, as payment operations are redirected to the Stripe's payment platform, but it is required to store the payments history to support the billing process.

• Authentication information: It is not collected. No authentication information is directly collected by the extension, as the authentication and authorization process is delegated to the official Google accounts authentication flow. Only the unique identifier associated to the Google account is obtained and stored during the account activation because of a security reason, in order to guarantee that each request to operate with an account has been generated by its owner.

• Personal communications: It is not collected. No type of personal communications information (like emails or chat messages from Gmail) are read, accessed, or stored by the extension. The content of the emails explicitly created and sent through our infrastructure are excluded from this category, as this is precisely the main purpose of the extension.

• Location: It is collected. The IP address is taken in consideration when registering a new account for account quality categorization purposes.

• Web history: It is not collected. No type of web history information (such as the list of web pages that a user has visited) is required.

• User activity: It is not collected. No type of user activity information (network monitoring, clicks, mouse position, scroll, keystroke logging, etc.) is required.

• Website content: It is collected. As long as the user can supply as many resources as desired while designing the content of the email (upload images, set descriptive texts, display videos, etc.) it is required to store these resources.

10. Amendments

This Privacy Policy entered into force on 27/07/2021. Acumbamail reserves the right to partly or fully amend this Privacy Policy, or simply to update its content, e.g., as a result of changes in applicable law. Acumbamail will inform you of such changes as soon as they are introduced, and they will be binding as soon as they are published on the Website. Acumbamail therefore invites you to regularly visit this Privacy Policy in order to acquaint yourself with the latest, updated version of the Privacy Policy, so that you may remain constantly informed on how Acumbamail collects and uses Personal Data.