AGREEMENT ON TERMS AND CONDITIONS OF LICENSE AND USE
FOR MAILSTORE FREEWARE VERSIONS

§ 1 Scope of Application, General

(1) These terms and conditions of license and use (“Terms of Use”) shall be applicable to all agreements between MailStore Software GmbH (“Vendor”) and the respective User (“User”), if subject matter of such agreements should be the free provision of Freeware versions of MailStore standard Software, including user documentation and the other support materials (hereinafter referred to as “Freeware”).

(2) These Terms of Use shall accordingly be applicable to provision of new program versions of the Freeware (e.g. patches, bugfixes, updates, upgrades, etc.), as well as to the user documentation made available for download on the Vendors homepage.

(3) Exclusively these Terms of Use shall be applicable. Any deviating, conflicting or supplementary general terms and conditions of business of the User shall solely then and insofar become an integral part of the contract, to the extent that the Vendor has expressly agreed to its applicability in the written form. This approval requirement shall under all circumstances be applicable, e.g. also then, if by bearing knowledge of the User’s general terms and conditions of business, the Vendor should commence providing services towards the User without reservation.

(4) Singular agreements with the User in individual cases (including side-agreements, supplements and amendments) shall under all circumstances take precedence over these Terms of Use. A written agreement or written confirmation by the Vendor shall be decisive as regards the content of such agreement.

(5) Declarations and notifications with legal relevance, which have to be delivered by the User towards the Vendor after conclusion of the agreement (e.g. setting of deadlines, notification of defects, declarations of withdrawal or reduction), have to be in the written form in order to be valid and effective.

§ 2 Provision of Freeware, Right of Use

(1) Provision of Freeware and the supporting user documentation shall be carried out via data transmission (“Download”).

(2) Exclusively the Vendor and the respective licensors shall be entitled to all rights to the software. The software is protected by copyright as well as international treaties regarding the protection of intellectual property.

(3) The User is granted a non-exclusive right of use, unlimited by time, to the Freeware provided in object code for purposes of archiving his/her own private outgoing and incoming e-mails to the extent as specified under these Terms of Use. This shall include the right to copy the Freeware to his/her hardware (computer, PDA, etc.), if respective copying should be necessary for the before mentioned purpose. Necessary copying for the before mentioned purpose shall include installation of the Freeware to bulk memory of the hardware deployed as well as loading of Freeware to the random access memory. Furthermore, the User shall solely be permitted to use the Freeware to the contractually specified extent.

(4) The User shall be permitted to use the Freeware on any suitable hardware available to him/her. However, in the event that the User should exchange the hardware, he/she shall be obliged to irretrievably delete the Freeware from the previously used hardware. Simultaneous use of the software on more than one hardware unit is expressly prohibited. In the event that the software should be used on several computers, an individual right of use has to be acquired for each installation.

(5) The use of Freeware is restricted to use for private purposes only. Any kind of use of the Freeware whatsoever for commercial purposes shall not be permitted; this shall in particular apply to use of Freeware for purposes of archiving business e-mail correspondence. Archiving of pool accounts or e-mail accounts not tied to a specific person shall explicitly be prohibited.

(6) The User shall be entitled to create a copy of the Freeware for back-up purposes. Any back-up copy has to be marked as such. The back-up copies have to be kept in safe custody in a place secured against unauthorised access by third parties. The User shall be under the obligation to avoid unauthorised third party access to the Freeware by taking suitable precautionary measures.

(7) The User may solely adapt the program, in particular carry out changes and enhancements, if this should expressly be permitted under mandatory statutory regulations or if such activities have been contractually agreed. The Vendor points out that even minor changes could lead to major, unpredictable defaults in the operation of the Freeware.

(8) The User may not reconvert or decode the Freeware, nor extract program elements. The User shall neither decompile nor disassemble the Freeware, carry out any reverse engineering or in any other way attempt to derive the source code. If, the User should be permitted to carry out reverse engineering or decompiling based on mandatory statutory regulations in order to reach full functional capacity or to achieve interoperability with other software programs, the User shall be obliged to inform the Vendor in advance as regards the nature and extent of such intended action. Decompiling shall solely be permissible, if the User should prove a justified interest worthy of protection as regards carrying out such action.

(9) The User shall under no circumstances change copyright notices, serial numbers, version numbers, trademarks or any other identification marks from the Freeware. The same shall apply to suppression of on-screen display of corresponding characteristics.

§ 3 Third Party Software („Software from other Manufacturers“), Open Source Software

    The Freeware could contain components of third party software and/or open source software, in regard to which separate terms of use have to be observed. If this should be required towards legitimate use of the Freeware, the respectively prevailing terms of use pertaining to such third party software or open source software shall be attached to these terms and conditions. The User pledges to only install the Freeware, once he/she has accepted the terms of use pertaining to third party software or open source software, which shall take precedence over these Terms of Use. In the event that the User should decline, the User shall refrain from installation and use of the Freeware.

§ 4 Liability and Warranty

(1) The Vendor shall solely be liable in the event of intent and gross negligence. Any further damages and claims for reimbursement of expenses by the User, irrespective of its legal basis, in particular based on breach of duty arising from and in connection with contractual obligations and from tort, shall be precluded.

(2) The Vendor shall solely be liable for material defects or defects in title to the Freeware, if the Vendor has fraudulently not disclosed such material defect/or defect in title. Any liability or warranty as regards the Freeware being free of any material defects and defects in title in excess thereof shall be precluded.

(3) The Vendor shall solely be liable for the loss of data, if the User backs-up such data in machine-readable format at intervals appropriate to the application, this being no less than once per day and thus warranting that such data can be restored by applying reasonable effort and costs. In the event that the User should not carry out such data back-up procedures, Vendor’s liability shall be restricted to the efforts and costs, which would have been necessary towards restoring data from due and proper data back-up, as well as the damages caused due to the loss of active data, which data would have also been lost in the event of daily data back-up.

(4) Before using the Freeware, the User shall under all circumstances be under the obligation to test the Freeware as regards fundamental functional qualities by using test data.

§ 5 Applicable Law, Jurisdiction, Arbitration

(1) The laws of the Federal Republic of Germany shall govern the provision of Freeware as well as all legal relations in this connection between the Vendor and the User. Applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) shall be precluded.

(2) In the event that the User should be (i) a registered businessman within the meaning of the “Handelsgesetzbuch” / German Commercial Code, (ii) a legal entity under public law or a special fund under public law, or (iii) if the User maintains no general venue of jurisdiction within the territory of the Federal Republic of Germany, Düsseldorf, Germany is agreed as venue of jurisdiction. However, the Vendor shall reserve the right to raise action or implement other court proceedings at the venue of the User’s general jurisdiction.

(3) We are not willing or obliged to participate in consumer dispute resolution proceedings before a consumer arbitration board.

§ 6 Closing Provisions, Written Form Requirement

(1) The User’s general terms and conditions shall also then not be binding, if the Vendor should not once more expressly contradict same. The User’s general terms and conditions shall also not become a contractual component through rendering of services.

(2) Amendments and supplements to these Terms of Use have to be in the written form. This shall also apply to amendment of the written form requirement itself. The written form requirement shall not be complied with by way of e-mail or other means of electronic communication.

(3) In the event that any provision set forth under these Terms of Use should be ineffective or become ineffective, the effectiveness of the remaining provisions set forth hereunder shall not be affected thereby. A provision shall be deemed as having been agreed in replacement of such ineffective provision, which comes as close to the economic purpose of the ineffective provision as possible. The same shall apply in the event that these Terms of Use contain any gaps.

(4) Assignment of the User’s rights arising from and in connection with contractual relations with the Vendor shall solely be permissible after the prior approval of the Vendor has been obtained.

(5) These Terms of Use are a translation of the legally binding German version. In the event of any conflict or ambiguity, the wording of the German version shall prevail as legally binding.

***

Microsoft® Outlook®, Microsoft® Outlook® Express, Microsoft® Windows® Mail, Microsoft® Exchange Server and Microsoft® Internet Explorer® are registered trademarks of the Microsoft Corporation in the United States and in other countries. Mozilla® Thunderbird™, Mozilla® Seamonkey® and Mozilla® Firefox® are trademarks or registered trademarks of the Mozilla Foundation, USA. Google™, Gmail™, Google+™, g+™, Google Chrome™ and Google Workspace™ are trademarks of Google LLC, USA. Apple®, iPhone™, iPod® and Safari® are registered trademarks of Apple Inc. in the United States and in other countries. Let's Encrypt™ is a trademark of the Internet Security Research Group. All other trademarks or registered trademarks are the property of their respective owners. MailStore Server® and MailStore Home® are registered trademarks of MailStore Software GmbH in the United States. MailStore™ e-mail-archiving software is a registered trademark of MailStore Software GmbH, Germany.

***

The MailStore Software versions contain licensed software from the following third party vendors:

Copyright (c) Igor Pavlov
Copyright (c) Add-in Express Ltd.
Copyright (c) The FirebirdSQL Project - Individual Contributors
Copyright (c) Inprise Corporation
Copyright (c) The Firebird ADO.NET Data Provider Project - Individual Contributors
Copyright (c) Christoph De Baene
Copyright (c) The Apache Software Foundation
Copyright (c) Microsoft Corporation
Copyright (c) The Npgsql Development Team - Individual Contributors
Copyright (c) ExpertPDF Components
Copyright (c) Rebex CR s.r.o.
Copyright (c) Code Systems Corporation
Copyright (c) Jordan Russell
Copyright (c) Martijn Laan
Copyright (c) Indigo Rose Corporation
Copyright (c) Richard Grimes
Copyright (c) Dennis Austin
Copyright (c) David Hall
Copyright (c) Axialis SA
Copyright (c) Brock Allen & Dominick Baier
Copyright (c) Modestas Petravicius
Copyright (c) PDFium Authors
This product includes software developed by vbAccelerator (http://vbaccelerator.com/)

***

You will find information on the personal data we collect and the purposes for which we use that information in our Privacy Notice:


MailStore Privacy Notice
January 2021

MailStore Software GmbH, Viersen, Germany (“we” or “MailStore”) respects your right to privacy. This Privacy Notice explains who we are, how we collect, process and use personal information about you, and how you can exercise your privacy rights. This Privacy Notice only applies to personal information that we collect through our website at www.mailstore.com, help.mailstore.com, cs.mailstore.com, landing.mailstore.com, inbound.mailstore.com, community.mailstore.com and my.mailstore.com (“Website”), or otherwise in the course of providing our products and services.

If you do not agree with the processing of your personal information in accordance with this Privacy Notice, we would kindly ask you not to use the products and services or the Website.

If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the bottom of this Privacy Notice.


== What does MailStore do? ==
MailStore is a leading developer of innovative email archiving solutions for small and medium-sized enterprises, headquartered in Viersen, Germany, and part of OpenText Corporation based in Waterloo, Canada, a market leader in information management software and solutions. Our products and services support you in making efficient and sustainable use of your emails as one of the most valuable and comprehensive information resources and allow you to meet a growing number of regulations.

For more information about MailStore, please see the “Company” section of our Website.


== What personal information does MailStore collect and how we use it? ==
The personal information that we collect about you falls into the following categories:

=== Information that we collect from you ===
We ask you to provide certain information voluntarily, some information is automatically provided by your internet browser when you visit our Website and other data may be obtained otherwise in the course of providing our products and services. Some of this data includes “Personal Data”, which is data that can be used to reasonably identify, either directly or indirectly, an individual or reasonably can be linked to a particular individual (“Personal Data”). These types of information include:

Category of personal information:
- Invetory Data
- contact information (name, address, email address, telephone number, Country, language)
Why we collect it - Purpose of Use (see chart below for additional information):
- communicate with you
- provide the services
- fraud prevention and legal purposes
Sources of personal information:
- You
- Our affiliates
- Our Partners

Category of personal information:
- Financial and transactional information: payment information such as company name, bank details, credit card information, if payment is made via Paypal then an email address and a transaction ID
Why we collect it - Purpose of Use (see chart below for additional information):
- provide the services
- for fraud prevention and legal purposes
Sources of personal information:
- You
- Third-party payment processors who collect this information on our behalf and who also have an independent relationship with you

Category of personal information:
- Usage data (user identification data, information about period and scope of use, information about use of telecommunications services)
Why we collect it - Purpose of Use (see chart below for additional information):
- provide the services
- fraud prevention and legal purposes
- secure our services and users
- communicate with you
- personalize your experience
Sources of personal information:
- You
- Advertising providers
- Analytics providers
- Cookies and tracking technologies
- Our affiliates
- Our Partners

Category of personal information:
- Log file data (browser type and version, operating system / user agent, referrer URL (website from which our site was accessed), MailStore URL’s that are accessed, date and time of the access, internet protocol (IP) address)
Why we collect it - Purpose of Use (see chart below for additional information):
- provide the services
- Personalize your experience
Sources of personal information:
- You
- Advertising providers
- Analytics providers
- Cookies and tracking technologies

If we ask you to provide any other personal information not described above, then the personal information we will ask you to provide, and the reasons why we ask you to provide it, will be made clear to you at the point we collect your personal information.


== Why do we use data? ==
Purposes of Use:

Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about transactions that you conduct on the Services)
- To provide you with marketing information in accordance with applicable legal requirements. Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Information regarding cookies” below.
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or other means for marketing purposes.
- performing customer satisfaction surveys

Provide the Services, for example:
- contracting, determining subject terms and alterations of contract, contract execution, accounting purposes, recordkeeping and billing.
- Processing and fulfilling your requests, particularly technical support requests, using the services.
- Engaging in analysis, research, and reports to better understand how you use the Services, so we can improve them. Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Information regarding cookies” below.
- Understanding and resolving crashes and other issues being reported

Personalize your experience, for example:
- Customizing the content on the Services based on your usage; demand-actuated design of our offers; showing customized content when logged into our Services such as my.mailstore.com or community.mailstore.com.
- enabling us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them in order to improve the quality and relevance of our Website. Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Information regarding cookies” below.

Secure our Services and users, for example: 
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services

Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)


== Legal basis for processing personal information (EEA visitors only) ==
If you are a visitor from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
We collect personal information from you only where we have your consent to do so (Art. 6 para 1 lit. a) GDPR); where we need the personal information to perform a contract with you (Art. 6 para 1 lit. b) GDPR); where the processing is in our legitimate interests, e.g. it is conducted for direct marketing purposes, and not overridden by your data protection interests or fundamental rights and freedoms (Art. 6 para 1 lit. f) GDPR); or where we are legally obliged to collect personal information from you (Art. 6 para 1 lit. c) GDPR).
If we ask you to provide personal information to comply with a legal requirement or to initiate a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to contact us” heading below.


== Who does MailStore share my personal information with and why? ==
We disclose your personal information to the following categories of recipients:

- to our group companies and third party services providers who provide data processing services to us and support us in providing our services (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Website), or who otherwise process personal information for purposes that are described in this Privacy Notice or notified to you when we collect your personal information.
- to our distributors and resellers who distribute our products in certain regions, so depending on the region for which you enquire about our products we will refer you to our distributors and resellers to contact you.
- to our advertising service providers: We use Google Analytics, Google Ads, Bing Ads and Facebook Remarketing as explained further under the headings “Google Analytics“, “Google Ads“, “Google Remarketing“, “Bing Ads” and “Facebook Remarketing” below. We use further advertising service providers for the analysis of user behavior in order to optimize our services. These advertising service providers may have access to your personal information. If they do so, this access is provided so that they may perform these tasks on our behalf and they are not authorized by us to otherwise use or disclose your personal information, except to the extent required by law and upon pseudonymization. The pseudonymization of the concerned personal information prevents the attribution of a specific data subject without the use of additional information or obstructs that attribution significantly.
Our advertising service providers may use cookies or similar tracking technologies in order to provide you advertising or other content based upon your browsing activities and interests. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools.
You can also “opt-out” of the collection of any information through cookies or other tracking technology through the European Interactive Digital Advertising Alliance in Europe www.youronlinechoices.eu.
A list of our current advertising service providers is available on request. Please email to privacy@mailstore.com.
- to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
- to a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice;
- to any other person with your consent to the disclosure.

=== Google Analytics ===
Our Website uses Google Analytics, a web analysis service from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses cookies – text files that are stored on your computer and make it possible to analyze how you utilize the site. The information generated by the cookie (including the IP address) is transferred and stored on a Google server located in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA.
Google uses the information on our behalf to evaluate how the site is used, create reports about the activities on the site for the site operators, and to perform additional services regarding website and internet utilization. Further, Google may pass this data on to third parties, if required by law or if using their services to analyze this data. Google will not associate IP addresses with any other information held by Google. You can prevent the storing of cookies by choosing the appropriate settings in your browser; however, we would like to point out that in this case some functionality of the website may not be available to its full extent.
Further you can prevent the collection and processing of cookie created data relating to your utilization of the website (including your IP) via Google by downloading and installing the browser-plugin available under the following link (tools.google.com/dlpage/gaoptout?hl=en).
You can refuse the use of Google Analytics by visiting the privacy policy page on our website and using the according function there.
Further information concerning the terms and conditions of use and data privacy can be found at www.google.com/analytics/terms/gb.html or at www.google.de/intl/en_uk/policies/. Please note that on our Website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking).

=== Google Ads ===
We use the online advertising program Google Adwords which operates the Google Conversion Tracking, a further analysis service of Google. If you click on advertising placed by Google, a cookie for the Conversion-Tracking is placed on your device. These cookies lose their validity after 30 days and contain no personal data. If you visit certain websites and the cookie is still valid, Google can identify that you have clicked on the advertisement and that you have been forwarded to our website. Every Google Adwords customer receives a different cookie. That means there is no opportunity that cookies can be traced through the website of Adwords customers. The information that is collected by the conversion-cookie serves to create conversion statistics for Adwords customers. The customers find out the total number of users that have clicked their ad and have been forwarded to their website. However, they do not receive any information that can personally identify a user. If you do not want to participate in such tracking, you can object to it by opting-out of Google’s use of cookies by visiting Google Ads Settings (https://adssettings.google.com/authenticated?hl=en) or by visiting the Network Advertising Initiative opt-out page (http://optout.networkadvertising.org/).

=== Google Remarketing ===
Furthermore, we use Google Remarketing for Search and use the Remarketing Reports in Google Analytics as well as Google Display Network Remarketing. Should you wish to opt out of this then please see the following link (https://support.google.com/ads/answer/2662922).
Google Remarketing for Search and Google Display Network Remarketing: This will display relevant ads tailored to you based on the fact that you visited our website by placing a cookie on your machine. The cookie is used to say “This person visited this page, so show them ads relating to that page.” It allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you.
Google Analytics Demographics: We use these reports in Google Analytics, which are pulled from the Google Display Network (3rd party cookies). It includes age, interest groups, gender. We use this data for marketing reporting / intelligence.

=== Google Invisible reCAPTCHA ===
We may use Google Invisible reCAPTCHA to secure our products and websites from abuse. A “CAPTCHA” is a test to tell human and bots apart. It is easy for humans to solve, but hard for “bots” and other malicious software to figure out. By adding reCAPTCHA to our site, we can block automated software while still welcoming our users to enter with ease.  Invisible reCAPTCHA collects hardware, software, and user interaction data from your device for risk analysis. reCAPTCHA data collection and use are governed by the Google Privacy Policy (https://www.google.com/intl/en/policies/privacy/) and Terms of Use (https://www.google.com/intl/en/policies/terms/).

=== Bing Ads ===
We further use technologies of Bing Ads which are provided and operated by the Microsoft Corporation (“Microsoft”). If you have reached our website through Bing Ads, Microsoft sets a cookie on your device. That way Microsoft and MailStore can identify if someone has clicked an ad, was forwarded to our website and has reached a certain target page (Conversion Page). MailStore only discovers the total number of users that have clicked the Bing ad and were forwarded to the Conversion Page. Microsoft collects and processes information through the cookie that is being used to create user profiles using pseudonyms. These user profiles serve for the analysis of visitor behavior and are used for the creation of advertising. No personal information about the identity of the user is being processed. If you do not want such a use of information about your behavior, you can object to the necessary setting of a cookie under the following link choice.microsoft.com/de-DE/opt-out. Further information on this matter and Bing Ads can be found on Microsoft’s website privacy.microsoft.com/de-de/privacystatement.

=== Facebook Remarketing ===
MailStore uses the remarketing feature of the Facebook, Inc. (“Facebook”). It serves to present interest-related advertising (“Facebook-Ads”) to visitors of our Website while visiting the social network Facebook. For this purpose, the Remarketing-Tag was implemented into this Website. During the visit of this Website a direct connection to Facebook servers is established via remarketing tags. In this process the information gets transmitted that you have visited our Website and Facebook connects that information to your personal Facebook-profile. Further information on this matter can be found in the Facebook data protection declaration at www.facebook.com/about/privacy/. Should you not wish data acquisition via Facebook Remarketing, you can deactivate it here (https://www.facebook.com/help/568137493302217).


== Information regarding Cookies ==
Cookies are used to recognize users revisiting our Website and using one of our offerings multiple times. Cookies are small text files that your internet browser stores on your device or computer. Cookies help us to analyze usage frequency, the number of people who use our website, user behavior on our website, advertising effectiveness, and to increased security and tailor our service offering to your needs.
Types of Cookies we use:
- Permanent cookies (tracking)
- Session cookies (e.g. partner portal)
You can prevent your browser from storing cookies onto your hard drive by disabling cookies in the browser settings. Alternatively, you may deactivate third-party cookies in your browser. This may limit the functionality of our offers.
In view of Cookies set by our third-party advertising service providers in order to serve interest-based advertising please see above information regarding advertising service providers and opt-out solutions.


== "Sale" of personal information ==
The California Consumer Privacy Act 2018 sets forth obligations for businesses that “sell” personal information.  MailStore does not engage in such activity based on our current understanding of the definition of sell.  We may share certain personal information with other businesses or allow them to collect certain personal information through the use of website cookies, pixels, or other technologies in order to provide services to us such as analyzing our Services and advertising and marketing our Services on other sites or apps.  You can control certain of these cookies through browser settings and other controls. Under Nevada law, certain Nevada consumers may opt out of the “sale” of “personally identifiable information” as such terms are defined under Nevada law.  However, we do not engage in such activity.  If you have questions about this, you may contact us at privacy@mailstore.com.


== International data transfers ==
Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different from the laws of your country (and, in some cases, may not be as protective).
Our Website servers are located in Germany, whereas our group companies, third party service providers and advertising service providers operate from the U.S. and other locations around the world. This means that when we collect your personal information we may process it in any of these countries.
However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice. These include implementing the European Commission’s Standard Contractual Clauses (“SCC”) for transfers of personal information between our group companies, which require these group companies to process personal information from the EEA in accordance with European Union data protection law. You can obtain a copy of the SCC here (http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm).


== Data retention ==
We retain personal information we collect from you as long as we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it 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.


== Your data protection rights ==
Subject to data protection laws, customers and users in some jurisdictions may have the following rights regarding MailStore’s handling of personal data.  Please note Your rights and choices vary depending upon your location. Certain information may be exempt from such requests under applicable law.
We will take reasonable steps to verify your identity when exercising these rights. To exercise these rights, you or your agent may be required to authenticate to your account or provide information contained in your account profile. Please ensure that you keep your profile information up to date and accurate so that we may verify your requests.
You have the following data protection rights:
- If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “How to contact us” heading below. Customers in California may request the categories of personal information we collect, disclose, or sell about you, the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we share personal information. Those users may also request an access to or a copy of certain information we hold about them.
- In addition, if you are a resident of the European Union, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “How to contact us” heading below.
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “How to contact us” heading below.
- Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the US and Canada) are available here (http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm).)

California law provides California residents with the right to not be discriminated against (as provided for in applicable law) for exercising these rights or their right to opt-out of sales of personal information. Please note that certain information may be exempt from such requests under California law.
Under California’s "Shine the Light" law California residents have the right, twice in a calendar year, to request and obtain from MailStore information about Personal Data MailStore has shared, if any, with other businesses for their own direct marketing uses. MailStore does not currently share your Personal Data with other businesses for their own direct marketing uses.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.


== Updates to this Privacy Notice ==
We update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make.

== How to contact us ==
If you have any questions or concerns about our use of your personal information, please contact us using the following e-mail address: privacy@mailstore.com or contact customer support at +49-(0)2162-502990, or use our Data Subject Request Form on our website.
The data controller of your personal information is MailStore Software GmbH, Viersen, Germany. In the United Kingdom we are represented by our affiliate Open Text UK Limited and can be contacted at DPO@opentext.com.
