Privacy Policy

At ProperSend ("ProperSend", "we", "us", or "our"), we respect your privacy and are committed to protecting the personal data you share with us. This Privacy Policy explains how we collect, use, and safeguard your information when you use our BYOS email marketing platform and website.

1. Information We Collect

We collect information that you provide directly to us when using our platform:

• Account Information: Name, email address, password, and billing details required to create and manage your account.
• Infrastructure Data: Configuration details for the SMTP servers or APIs you connect (e.g., Amazon SES, SendGrid). We securely store these credentials strictly for the purpose of executing your requested email sends.
• Subscriber Data: Email addresses, names, and custom fields of the contacts you import into our platform. You retain full ownership of this data at all times.
• Usage Data: Information about how you interact with our platform, including pages visited, features used, and browser/device information.

2. How We Use Your Information

We use the information we collect to:

• Provide, maintain, and improve our services.
• Process transactions and send related information, including confirmations and invoices.
• Send technical notices, updates, security alerts, and support messages.
• Monitor and analyze trends, usage, and activities in connection with our platform.
• Detect, prevent, and address fraud, abuse, and technical issues.

3. Data Processing and "Bring Your Own Server" (BYOS)

Because ProperSend operates on a BYOS model, we act as a data processor for your subscriber lists. The actual transmission of emails is handled by the third-party infrastructure you connect. You are responsible for ensuring that your use of third-party SMTP providers complies with their respective terms of service and privacy policies.

We do not sell, rent, or share your subscriber data with any third party. Your data remains under your control at all times.

4. Data Sub-Processors

We use the following third-party services to operate our platform. Each sub-processor is contractually obligated to protect your data in accordance with applicable privacy laws:

5. Data Security

We implement robust security measures to protect your personal information and subscriber data. All sensitive data, including SMTP credentials, is encrypted at rest (AES-256) and in transit (TLS 1.2+). We conduct regular security audits and follow industry best practices. However, no method of transmission over the Internet or electronic storage is 100% secure.

6. Data Retention

We retain your personal data for as long as your account is active or as needed to provide you with our services. If you delete your account, we will delete or anonymize your personal data within 30 days, except where we are required by law to retain certain information.

7. Your Rights Under GDPR

If you are located in the European Economic Area (EEA), you have the following rights:

• Right of Access: Request a copy of the personal data we hold about you.
• Right to Rectification: Request correction of inaccurate data.
• Right to Erasure: Request deletion of your personal data ("right to be forgotten").
• Right to Data Portability: Receive your data in a structured, machine-readable format.
• Right to Object: Object to processing of your personal data for certain purposes.
• Right to Restrict Processing: Request restriction of processing under certain conditions.

8. Your Rights Under CCPA (California Residents)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA):

• Right to Know: Request information about what personal data we collect, use, and disclose over the past 12 months.
• Right to Delete: Request deletion of personal data we have collected from you, subject to certain exceptions.
• Right to Opt-Out: Opt out of the sale or sharing of your personal data. Note: We do not sell or share personal data.
• Right to Limit Use of Sensitive Personal Info: Request that we limit the use of sensitive personal information to strictly what is required for core functionality.
• Right to Non-Discrimination: You will not be discriminated against for exercising your CCPA rights.

To exercise your California privacy rights, you or your authorized agent can submit a request by email to support@propersend.com. We will verify your request using the email linked to your account.

9. Data Processing Agreement (DPA)

For customers processing personal data on behalf of EU/EEA or UK citizens, our processing terms are governed by a robust Data Processing Agreement (DPA). Our DPA is pre-signed and incorporates the standard European Commission Standard Contractual Clauses (SCCs) to ensure legally compliant data transfers.

You can request, review, and execute our DPA online by sending an email to support@propersend.com. Once signed, the DPA will be appended to our Terms of Service and form a contractually binding agreement.

10. International Data Transfers

Your information may be transferred to and maintained on servers located outside of your country of residence. We ensure appropriate safeguards are in place, including Standard Contractual Clauses (SCCs) approved by the European Commission, to protect your data during international transfers.

11. Changes to this Policy

We may update this Privacy Policy from time to time. If we make material changes, we will notify you by email or through a notice on our platform prior to the change becoming effective. Your continued use of the platform after the effective date constitutes acceptance of the updated policy.

12. Contact Us

If you have any questions about this Privacy Policy or wish to exercise your data rights, please contact us at support@propersend.com.