MailInCloud Privacy policy

Acceptance

By accessing and/or activating the functionalities of the Website and/or the Service, Users are signifying their understanding as well as their irrevocable and complete acceptance of the Privacy policy applicable at the time of such Website and/or Service use.

The present Privacy policy is applicable to any and all access and activation of the functionalities of the Website and/or Service by Users.

The present Privacy policy may be amended or changed at any time at LINAGORA's discretion and without any prior notice.

Compliance with French private data protection regulations

LINAGORA and the User commit to comply with the current enforceable legal provisions & regulations regarding personal data privacy and protection, as notably provided by the French 6th January 1978 n°78-17 Law, as modified by the 6th August 2004 n°2004-801 Law, related to personal data protection.

Each notably commits, regarding personal data processing treatments for which it is liable, to perform any and all prerequisite formalities and procedures (declarations, authorizations, etc.) before the Commission Nationale Informatique et Libertés (C.N.I.L.) or any other competent authority, and to repect the rights of the persons involved (right of information, access, correction & deletion of personal data).

Website use privacy

LINAGORA is committed to respecting and protecting the privacy of Users of its Website. Any User may anonymously access the Website without revealing any personal information, except his IP adress & browser user agent which are logged and archived for a period of one (1) year.

Temporary cookies (such as user interface and session cookies) may be stored on the device used to access the Website, which are purely technical components required for providing access to the Website to the Users. These cookies do not contain any personal data.

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Service use privacy

LINAGORA is committed to respecting and protecting the privacy of Users of its Service.

In the course of the Service, User is informed that User personal data is gathered and automatically processed in the conditions of the aforementioned n°78-17 law.

The purpose of this treatment is :

• LINAGORA - User relationship management for provision of the Service (Content transmission, invoicing, usage assistance, maintenance, commercial management, archiving, etc.);
• enabling LINAGORA to comply with its legal obligations as "cloud"-type Service provider, such as the obligation to preserve User identification & access data.

Service User remains exclusively and completely responsible for the personal data processing carried out on its own behalf, whether by himself or by LINAGORA in the framework of the performance and/or usage of the Service.

Concerning personal data gathering and processing performed by LINAGORA on behalf of the User in the framework of the Service, LINAGORA acts upon instructions by the User.

To all intents, LINAGORA acts as "processor" in the meaning of Article 16 and 17 of the 24th october 1995 n°95/46 European Directive on data protection, User being "controller" in the meaning of this directive.

LINAGORA commits to take any necessary precautions in order to preserve security and privacy of personal data which it has access to, and notably to prevent their alteration, damage, or access by unauthorized third parties.

LINAGORA may entrust a related company, i.e. any company directly or indirectly controlled by LINAGORA, or directly or indirectly controlled by any other entity which itself directly or indirectly controls LINAGORA, with the care of providing the Service to Users. User grants authorization to these related companies to access his personal data gathered and treated in the framework of providing the Service.

In the case these related companies are not located on the territory of France nor on the territory of a European Union member country, LINAGORA commits that these related companies comply with a data privacy protection level at least equal to that provided to European citizens by the 24th octobre 1995 n°95/46 European Directive on data protection.

LINAGORA COMMITS NOT TO ACCESS NOR EXPLOIT CONTENT UPLOADED, DOWNLOADED OR TRANSMITTED TO THE MAILINCLOUD PLATFORM SERVERS IN ANY MANNER, UNLESS SAID ACCESS IS NECESSARY TO PROVIDE OR MAINTAIN THE WEBSITE AND/OR SERVICE, IN WHICH CASE SUCH ACCESS WILL BE LIMITED TO THE STRICT NECESSARY OPERATIONS FOR PROVIDING OR MAINTAINING THE WEBSITE AND/OR SERVICE.

Service User IP adresses are recorded and used for technical purposes. E-mail adresses voluntarily provided by a MailInCloud User for transmitting User Content such as messages, and e-mail adresses of message senders to this User are recorded and linked to the MailInCloud account of said User.

Temporary cookies (such as user interface and session cookies) may be stored on the device used to access the Service, which are purely technical components required for providing the Service to the Users. These cookies do not contain any personal data.

LINAGORA will preserve gathered data, in the light of the purpose for which said data has been gathered, during the use of the Service by the User, as well as for one (1) year after cessation of Service use by user, following which this data will be irremediably deleted.

Disclosure

LINAGORA may provide data on a User to a third party if required to do so by law or if, in good faith, LINAGORA deems such disclosure to be necessary in order to: (1) comply with the law or with particular legal proceedings; (2) protect and defend LINAGORA’s rights and property or prevent fraud; (3) protect LINAGORA against abuse, misuse or unauthorized use of its products or services; or (4) protect the personal safety or property of its personnel, those of other Users, or those of the public.

In that case, contrary legal provision or regulation notwithstanding, LINAGORA commits to limit the extent of the personal data disclosure to the data specifically required for achieving the aforementioned purposes.

Users are always entitled to request the update or deletion of their personal information or ask any questions about this Privacy Policy by contacting LINAGORA IT Privacy Correspondent (Correspondant Informatique et Libertés) by physical mail at the aforementioned address, or by sending an e-mail to cil_AT_linagora.com.

Specific issues regarding privacy

Reporting by recipients of User Content

Recipients of Content may report Service usage which they deem abusive, infringing, or illicit by sending an email with any useful details to abuse@mailincloud.com.

LINAGORA will store this abuse signaling for one (1) year in the aim of enabling any proper administrative or legal authorities to start investigation of the abuse.

Exploitation of User Content by recipients

LINAGORA has no control over the activities of Receiving Users. Users uploading or sending Content to recipients through the Service must be aware that said recipients may save, capture, modify, reuse & redistribute the User Content that they have received from the Uploading User in a manner which said Uploading User may not have envisioned or consented to. LINAGORA may not be held liable for such behavior of a recipient.