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PRIVACY POLICY

Last Modified and Effective Date: 28 October 2026

This Privacy Policy (the “Policy”) explains and governs the manner in which Everymail GmbH (doing business as “Everymail”) and its affiliated companies (collectively referred to herein as “Everymail”, “we”, “us”, or “our”) collects, uses, maintains, and discloses information related to your use of Everymail’s website available at www.everymail.com (the “Site”) and Everymail’s webpages, content, products and services accessible through the Site, including Everymail’s email platform service (collectively, the “Services”).

This Policy applies where you are a customer or user of the Services in New Zealand and takes into account our obligations under the Privacy Act 2020 ("Privacy Act"). By using our Services, you are agreeing to the policies and practices described in this Policy. If you do not consent to these policies and practices, please do not use the Services.

This Policy Describes:

1. Personal Information We Collect

(a) Categories of Personal Information. We may collect, use, store, and transfer different kinds of information about an identifiable individual (collectively referred to herein as “Personal Information”). The categories of Personal Information collected may vary depending on which Services you use and your interactions with the Services. We have grouped together this Personal Information as follows:

  1. Identifiers such as first and last name, unique personal identifier, online identifier, account name or username, password, Internet Protocol (IP) address, email address, phone number, billing address and other contact information.
  2. Financial Information such as bank account and routing numbers, credit card number, debit card number, and payment details.
  3. Commercial Information such as records of subscriptions purchased, obtained, or considered; subscriptions information, including selected plan, pricing, billing cycle and subscription status; or other purchasing or consuming histories or tendencies.
  4. Internet or Other Electronic Network Activity Information such as browsing history; search history; and information regarding your interaction with an Internet website, application, or advertisement; browser type and version; time zone setting and location; operating system and platform, as well as other technology on the devices you use to access our Services.
  5. Marketing and Communications Data such as marketing campaign data, click-throughs, your preferences in receiving marketing from us and our third parties, your communication preferences, email communications, and chat communications.
  6. Audio Information such as audio recordings from customer service conversations.
  7. Geolocation Data such as the approximate location information associated with your IP address.
  8. Inference Data including inferences drawn from the Personal Information identified above.

(b) Retention. For each of these categories of Personal Information, we will retain the information as long as is reasonably necessary to fulfill the purpose for which it was collected, to comply with applicable laws and regulations, and/or to support any claim, defence, or declaration in a case or before a jurisdictional and/or administrative authority, arbitration, or mediation panel.

2. How We Collect Your Personal Information

We may collect Personal Information from a variety of sources and methods. This includes:

(a) Information You Voluntarily Provide. You may give us your Personal Information by registering or creating an account for the Services or by communicating with us by mail, phone, email, chatbot or otherwise. This includes Personal Information you provide when you:

  1. Register and create an account for the Services
  2. Purchase subscriptions to our Services
  3. Send funds or make payments through our Services
  4. Send emails through our Services
  5. Call, email, fax, text, chat or write to us
  6. Participate in customer surveys or other activities offered by us

(b) Information Automatically Collected. When you visit our Site or use our Services, our web server automatically collects your Internet protocol (IP) address, which is a number assigned to your computer when you connect to the Internet. Our web server may also be able to identify things like the type of web browser, operating system you use, internet service provider (ISP), device data, referring/exit pages, log and usage data, language preferences, location data, date/time stamp, clickstream data and other technical information. When you access and use our Services from your mobile devices, we receive data from those mobile devices. This may include your location data, IP address and device type. We can and will use IP addresses to identify a user when necessary to enforce compliance with the Site Terms of Service.  

(c) Use of Cookies. Cookies are small files that we or our service providers transfer to your computer’s hard drive through your web browser or app that enables us or our service providers’ systems to recognise your browser and capture and remember certain information. We use cookies to analyse movement on the Site, such as total visitors to the Site and pages viewed, for fingerprinting, site security, and to make improvements to the Site. Moreover, our Site’s partners may also use cookies in connection with the services and websites to which our Site links. Most web browsers are initially set up to receive cookies by default. If you do not want to receive cookies, browsers usually have a “Help” or “Internet Tools” feature that will show you how to prevent your browser from accepting new cookies and how to delete cookies from your computer. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited.

We use third party cookies provided by Google Analytics to assist us in better understanding our Site visitors. These cookies collect IP address and usage data, such as the length of time a user spends on a page, the pages a user visits, and the websites a user visits before and after visiting our Site. Based on this information, Google Analytics compiles aggregated data about website traffic and interactions, which we use to offer better user experiences and tools in the future. For more information on Google Analytics, visit Google’s Privacy and Terms. To opt out of Google Analytics please visit the Google support page.

For more information about how we use cookies and other tracking technologies please refer to our Cookie Policy.

(d) Information We Collect From Third Parties. We may from time to time collect Personal Information from other sources, such as your employer if they purchase a subscription for or register to use our Services for their business. We also collect Personal Information from your previous email service provider where your existing mailbox transitions to the Services. This begins before you complete your subscription: when you enter your existing email address and account number, we retrieve from your previous provider the email addresses associated with your account. After you complete your subscription, we retrieve the contents of your mailbox from your previous provider in order to transfer them to the Services.

If we collect your Personal Information indirectly, i.e. from a third party, we will take reasonable steps to make sure you are aware of the fact of that collection and the matters covered in this Policy, unless we believe on reasonable grounds that not notifying you would not prejudice your interests or is otherwise not required under the Privacy Act.

3. Links To Other Websites

Our Site may contain links to other websites that are not under our control. These websites may use cookies. It is the responsibility of those third parties to collect appropriate consents from you in order to permit their own cookies (to the extent this is required by law) and to inform you about the cookies they use. You should check the privacy policy on all third party websites to ensure you are comfortable with third party cookies.

We have no responsibility for linked websites, and provide them solely for your information and convenience. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements, representations or warranties about their accuracy, content or thoroughness. Your disclosure of Personal Information to third party websites is at your own risk.

4. How We Use Your Personal Information

Everymail uses Personal Information we collect about you or that you provide to us, for the following business purposes:

  1. To provide you with our products and services, and to operate our business.

  2. To communicate with you and answer specific questions related to products and services offered.

  3. To facilitate account creation and authentication and otherwise manage user accounts.

  4. To verify your identity and account information in connection with our products and services you request.

  5. To learn more about how visitors use the Site (data analysis) and measure areas of interest for the purpose of personalising and improving the Site, products, and services, as well as your experience with us.

  6. For marketing and promotional purposes, which include, but are not limited to, sending you material about products, services, updates, etc. that we think may be of interest to you.
  7. For administrative communication purposes, including sending you details about our products and services, changes to our terms and policies, and other similar information.
  8. To enhance the safety and security of the Site, prevent potentially fraudulent, prohibited, or illegal activities, and enforce our Terms of Service and other Policies.

  9. To resolve disputes and troubleshoot problems.

  10. To respond to user inquiries and offer customer support to users.

  11. For our own internal business purposes.

  12. To protect our interests, including establishing, exercising and defending legal rights and claims.

  13. As necessary to comply with legal requirements, to respond to requests by government entities, in connection with an investigation of suspected or actual unlawful activity, and other duties as required by law.

  14. For any other purposes disclosed at the time you provide your information or as otherwise set forth in this Policy.

5. How We Share Your Personal Information with Third Parties

We share Personal Information with third parties under the following circumstances:

(a) Service Providers and Internal Third Parties. We contract with third parties to provide services that allow us to operate our business. Your Personal Information may be disclosed to these third-party service providers in order for us to provide you with our services and products. Service providers are permitted to use your information only on our behalf as specified in the vendor contract. Business services provided include, but are not limited to, website hosting services; user account registration, user authentication and verification services; invoicing, billing and accounting services; payment processing services; advertising, marketing, promotional and lead generation services; customer and technical support services; customer communication and chatbot services; functionality and infrastructure optimisation services; web and mobile analytics services; website performance monitoring services; artificial intelligence services; email delivery and anti-virus/anti-spam filtering services; quality assurance testing, and back-office support for the Services. Third parties we may share Personal Information with include:

  • Chargebee Inc. – Subscription management and billing services
  • Adyen Inc. – Payment processing services
  • Twilio Ireland Limited – SMS communication and verification services
  • MPlus Croatia d.o.o. – Customer support services

We may share Personal Information across other Everymail affiliated companies, who may use the Personal Information for the purposes described herein.

(b) Legal Process. Subject to applicable law, we may disclose information about you (i) if we are required to do so by law, regulation, or legal process, such as a subpoena or court order; (ii) in response to requests by government entities, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to prevent or lessen a threat to physical, financial or other harm, injury or loss; or (iv) in connection with an investigation of suspected or actual unlawful activity.

(c) Business Transactions. Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Information in the same way as set out in this Policy.

(d) Personal Information Sold or Shared for Targeted Advertising. Everymail does not sell any Personal Information and has no actual knowledge of any sales or sharing of Personal Information of minors under 16 years of age. Everymail does not share any Personal Information with third parties for the purposes of targeted advertising.

We will not disclose your Personal Information to overseas recipients unless we are satisfied that the recipients of your Personal Information will be required to protect it in a way that overall provides comparable safeguards to those in the Privacy Act or the disclosure is otherwise permitted under the Privacy Act.

Everymail GmbH is established in Germany and stores and processes your Personal Information on servers located in the United States. Although your Personal Information is held outside New Zealand, we remain subject to the Privacy Act in respect of that information and apply the safeguards described in this Policy.

6. How We Protect Your Personal Information

We endeavor to incorporate reasonable physical, technical, and administrative safeguards and policy methods to protect your Personal Information from loss, unauthorised or accidental access, disclosure, alteration, destruction, other misuse and actions which prevent us from accessing your information on a temporary or permanent basis (each event being a Privacy Breach). It is also important that you take steps to maintain the secrecy of your account information and secure access to your computer. Always be sure to log out of your account when using a shared or public computer. Please be aware that no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Therefore, we cannot guarantee its absolute security. It may be possible for third parties to intercept or access transmissions or private communications unlawfully. Any such transmission is done at your own risk.

If your personal information is subject to a Privacy Breach that is likely to cause you serious harm, we will notify you and the Privacy Commissioner in accordance with our obligations under the Privacy Act.

7. Privacy Rights

You have the right to confirm whether or not Everymail holds your Personal Information and to access such Personal Information.

You may also request that we correct your Personal Information, though we may need to verify the accuracy of the new data you provide to us.

If you would like to submit a request to exercise these rights, you or your authorised agent may contact our Privacy Officer by:

Please note that only you, or an agent you authorise to act on your behalf may make a request related to your Personal Information.

So that we can verify your request, please:

  • include your full legal name, email, and billing address; and
  • describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

If you are making the request as an authorised agent you must also provide the full legal name of the party for which you are making the request and evidence of your authority to act for the individual.

We cannot respond to your request or provide you with Personal Information if we are not able to verify your identity or authority to make the request or confirm the Personal Information relates to you.

We will respond to your request as soon as reasonably practicable. We treat all requests fairly and reasonably and consistent with our requirements under the Privacy Act, but if you are dissatisfied with our response you can make a formal complaint with Office of the Privacy Commissioner (www.privacy.org.nz).

8. Changes to this Policy

This Policy may change from time to time. When changes are made, we will update the “Last Modified and Effective Date” at the top of this Policy. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Policy frequently for updates. When necessary we may notify you of material changes, for example via email or other method.

9. How to Update Your Information and Manage Communications

All Personal Information that you provide in connection with the Services must be true, complete, and accurate, and you must remain current during your use of the Services. If you want to modify your registration information, please login to your profile and make the necessary changes. At the time of registration, you may be given a choice whether you want to receive marketing and promotional information about new features, offers or other notices related to Everymail and its Services. When you register, you may opt to not receive these communications by not clicking a box that allows us to send you such information. You also have the option to opt out at any time at a later date by following the instructions in the communication that you receive from us or by contacting us at the address below. This opt-out will not apply to operational or informational emails related to your account or other administrative purposes. You may continue to receive promotional email messages for a short period while we process your request.

10. Contact for More Information

We welcome your questions and comments regarding our Policy. Please contact us at:

Email address: privacy@everymail.com 

Physical address:

Everymail GmbH
Olper Hütte 3
57462 Olpe
Germany