Potential Mail

PRIVACY NOTICE

Last updated December 16, 2022

This privacy notice for Potential Web Tools OÜ ("Company," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:

• Visit our website at https://potentialmail.com, or any website of ours that links to this privacy notice
• Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at info@potentialmail.com.

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics below.

What personal information do we process? We just store data related to the invoices and the delivery of our products or services, that is your name or company name, address and E-mail. Payment data as credit numbers is NOT stored in our servers but in the payment gateway servers (e.g. Stripe).

Do we process any sensitive personal information? A part of storing the data stated above, we do not process any sensitive personal information. We may take statistics related to the data above and communicate with you in the given information.

Do we receive any information from third parties? We do not receive any information from third parties.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.

In what situations and with which parties do we share personal information? We do not want to share your private data, however that could happen. A part if required by law, we may share the data in case of the company being merged or acquired.

How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. In general, you can tell us not to send you any commercial information and to delete you personal data, however in order to comply with the regulation in Estonia we need to keep the data related to the invoice for a period of time up to 10 years. Then your data will be automatically deleted.

How do you exercise your rights? the easiest is to click on the link sent in our emails to unsubscribe you automatically. If you prefer you can always write us to info@potentialmail.com. We will consider and act upon any request in accordance with applicable data protection laws.

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

• names
• email addresses
• billing addresses
• contact preferences
• last digits of debit/credit card numbers

Sensitive information: We do not process or store sensitive information.

Payment data: We may store only the last digits of your credit card to add the information in our receipts. All payment data is stored by Stripe. You may find their privacy notice link(s) here: https://stripe.com/at/privacy.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

2. HOW DO WE PROCESS YOUR INFORMATION?

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To deliver and facilitate delivery of services to the user We may process your information to provide you with the requested service
• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
• To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
• To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

If you are located in the EU, this section applies to you.

The General Data Protection Regulation (GDPR) require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Click here to learn more.
• Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
• Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
• Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.
• Legitimate Interest. We may process your information where we believe it is necessary to fulfill a commercial interest beneficial for all parties.

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

We may need to share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Law Enforcement. We may share your information in case with a legal request to disclose our stored information in relation to an investigation where such data may be relevant.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 10 years.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. PRODUCT PRIVACY COMPLIANCE

Important notes of our product:

• Product is designed only for B2B contacts retrieved from public internet (business websites)
• We do not store any e-mail contact lists. The search of contacts will be conducted when the order is placed by the customer and results are deleted after the list is sent out to our customer, or after a period of time (2 days since list is created) in case of the list is not delivered to the customer. This is important to keep the data quality high
• Even if the product is designed to only process business contacts (B2B), we understand that business e-mails including person’s name are considered as personal data regarding GDPR.
  We expect the customer to do the same as per our Terms and Conditions
• We expect the customer to seek for professional advice regarding privacy requirements, if not confident about how to use and integrate our product into our customer´s activities in privacy compliant way

When using our product, our customers should, as per our Terms and Conditions:

• Use the list of contacts only for the relevant communication (marketing of products and services relevant for businesses in our customer´s list)
• Be transparent of who is sending the communication and how our customer´s can be contacted
• Always provide the opt-out (unsubscribe) possibility from further communication
• Check their opt-out list against every contact list that our customer purchase in order to exclude unsubscribed contacts from our customer´s communication
• Conduct legitimate interest balancing test regarding the use of B2B contacts for direct marketing or ask consent to receive direct marketing by sending first e-mail without marketing content. Whether to rely on the legitimate interest or consent as the legal basis for direct marketing to contacts that are not our customer´s Clients depends on the details of specific marketing campaign and the privacy requirements of the country you operate.
• Describe transparently their marketing activities’ related data processing and rights of the owners of the contacts in your public privacy policy

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. This includes encryption of private data stored in our databases, working with encrypted transactions e.g. https, and storing data in servers compliant with GDPR, currently based in Estonia. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

8. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account, if any, and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at info@potentialmail.com.

9. WHAT ARE YOUR PRIVACY RIGHTS?

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us in written format to info@potentialmail.com.

We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us at info@potentialmail.com.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us at info@potentialmail.com. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

If you have questions or comments about your privacy rights, you may email us at info@potentialmail.com.

10. DO WE MAKE UPDATES TO THIS NOTICE?

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), Francisco Castellanos by email at info@potentialmail.com, or by post to:

Francisco Castellanos

Potential Web Tools OÜ

Ahtri tn 12

10151

Estonia

12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please visit: info@potentialmail.com