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Privacy Policy

This Privacy Policy is effective as of April, 2020

Welcome to SphereMail!

SPHEREMAIL, Inc. ("we," "us," "our") respects your privacy and is committed to protecting your personally identifiable information. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on this site ("Site") and how such information may be used and/or shared with others.

This Privacy Policy applies solely to information collected through this Site and not through any other sources. This Privacy Policy may be updated from time to time for any reason; each version will apply to information collected while it was in place. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Site. You are advised to consult this Privacy Policy regularly for any changes.

1. Agreement to Terms

By using our site you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S. your personally identifiable information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By visiting our Site and providing information to us, you consent to such transfer to, and processing in, the US.

If you have any questions or comments about this Privacy Policy or our use of your personally identifiable information, please contact us at privacy@SphereMail.

2. Your information and how it’s used

Our primary goals in collecting personally identifiable information are to provide you with the product and services made available through the Site, including, but not limited, to the Service, to communicate with you, and to manage your registered user account, if you have one.

Information Collected Upon Registration If you desire to have access to certain restricted sections of the Site, you will be required to become a registered user, and to submit certain personally identifiable information to SphereMail. This happens in a number of instances, such as when you sign up for the Service, or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your IP address, full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide us with, or that you decide to include in your public profile.

Use of Contact Information In addition, we may use your contact information to market to you, and provide you with information about, our products and services, including but not limited to our Service. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications.

3. Cookies

Like many websites, we also use "cookie" technology to collect additional website usage data and to improve the Site and our service. A cookie is a small data file that we transfer to user’s computer hard drive. We do not use cookies to collect personally identifiable information. SphereMail may use both session cookies and persistent cookies to better understand how you interact with the Site and our Service, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and our services. A session cookie enables certain features of the Site and our service and is deleted from your computer when you disconnect from or leave the Site. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

4. Information Sharing and Disclosure

Service Providers We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.

Compliance with Laws and Law Enforcement SphereMail cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of SphereMail or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Business Transfers SphereMail may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.

5. Updating or Deleting Information

If you are a registered user of the SphereMail, you may access and update or correct the information you provided to us by editing your information through ‘Edit my Profile’ page or e-mailing us at

6. Security

SphereMail is very concerned about safeguarding the confidentiality of your personally identifiable information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.

We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

7. External Links

Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

8. Children Under 18

SphereMail does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at privacy@SphereMail. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible.

9. Data Protection Addendum Policy

This Data Protection Addendum Policy ("Policy") sets out the policy of SphereMail Inc. ("SphereMail") in relation to the processing of EU/UK individual personal data and compliance with Data Protection Laws by all of our customers, of which you are one. References to "Customer" below includes you and each one of your relevant affiliates (unless otherwise stated)

This Policy applies to all of the Services you acquire from us.

The protection of Personal Data is of critical importance to SphereMail and the following terms of this Policy set out the minimum requirements of SphereMail with respect to all of its customers.

We use a number of defined terms in this Policy which will have the meaning set out in Section 10 of this Policy. Capitalized terms not otherwise defined in this Policy will have the meaning given to them in your Agreement. Except where the context requires otherwise, references in this Policy to your Agreement are to your Agreement as amended by, and including, this Policy.

9.1 Processing of Customer Personal Data

  1. Each Party will comply with its respective obligation under Data Protection Laws in the provision and receipt of the Services under the Agreement and this Policy.
  2. In the provision of the Services, Customer is the data controller and SphereMail is a data processor (or subprocessor) acting on Customer's behalf. Accordingly, SphereMail will not Process Customer Personal Data other than on Customer's documented instructions, and for the purposes defined in writing by Customer, from time to time unless Processing is required by Applicable Laws to which SphereMail (or its Sub-processor) is subject.
  3. Customer:
    1. instructs SphereMail (and authorises SphereMail to instruct each Sub-processor) to: Process Customer Personal Data; and in particular, transfer Customer Personal Data to any country or territory, as reasonably necessary for the provision of the Services and consistent with your Agreement;
    2. warrants and represents that it is and will at all relevant times remain duly and effectively authorised to give the instruction set out in Section 1.2.1 on behalf of any Customer affiliate.

9.2 SphereMail Personnel

SphereMail will take reasonable steps to ensure that any of its (or its Sub-Processor's) employees, agents or contractors who have access to Customer Personal Data are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.


  1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, SphereMail will in relation to the Customer Personal Data use best endeavours to implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR. In assessing the appropriate level of security, SphereMail will take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
  2. During the Term, SphereMail will implement and maintain (and will ensure that each Sub-processor) implements and maintains the technical and organisational measures set out in Appendix 2 to the EU Standard Contractual Clauses with respect to all processing of Customer Personal Data by it. The Customer may implement additional security measures ("Customer Security Measures") from time to time (at the Customer's absolute discretion) always provided that:
    1. such Customer Security Measures are compatible with the measures set out in Appendix 2 to the Standard Contractual Clauses as determined by SphereMail, acting reasonably;
    2. neither SphereMail nor any Sub-Processor will be required to change any of the measures set out in Appendix 2 to the Standard Contractual Clauses or to incur any costs implementing or supporting the implementation of Customer Security Measures.
  3. Customer represents, undertakes and warrants that on the date of this Policy and during the Term of your Agreement:
    1. those technical and organizational measures set out in Appendix 2 to the Standard Contractual Clauses, together with any Customer Security Measures which the Customer may implement from time to time in accordance with section 2.2 above, collectively meet the requirements set out in Applicable Laws for security including Article 32 (GDPR);
    2. all Customer Personal Data Processed by SphereMail (and its Sub-processors) has been and will be collected and processed by the Customer in accordance with all Applicable Laws and, without limitation to the foregoing, Customer will take all steps necessary, including without limitation providing appropriate fair collection notices and ensuring that there is a lawful basis for SphereMail (and its Sub-processors) to process Customer Personal Data, to ensure that the processing of Customer Personal Data by SphereMail (and its Sub-processors) in accordance with your Agreement is compliant with, and in accordance with, all Applicable Laws.

9.3 Sub-processing

  1. Customer authorises SphereMail to appoint (and permit each Sub-processor appointed in accordance with this Section 3 to appoint) Sub-processors in accordance with \l "3"Section 3 and any restrictions in your Agreement.
  2. SphereMail may continue to use those Sub-processors already engaged by SphereMail as at the date of this Policy.
  3. SphereMail will provide to Customer prior written notice of the appointment of any new Subprocessor, including known details of the processing to be undertaken by the Subprocessor. If, within thirty (30) calendar days of receipt of that notice, Customer notifies SphereMail in writing of any objections (on reasonable grounds) to the proposed appointment. SphereMail will not appoint (or disclose any Customer Personal Data to) that proposed Subprocessor until it has taken reasonable steps to address the objections raised by Customer and provided Customer with a written explanation of the steps taken. Where the Customer is not satisfied with the remediation supplied, the Customer may terminate Agreement without penalty upon providing SphereMail with written notice. SphereMail will not appoint (nor disclose any Customer Personal Data to) the proposed Subprocessor except with the prior written consent of Customer.
  4. With respect to each Subprocessor, SphereMail will:
    1. before the Subprocessor first processes Customer Personal Data (or, where relevant, in accordance with Section
    2. carry out adequate due diligence to ensure that the Subprocessor is capable of providing the level of protection for Customer Personal Data required by your Agreement;
    3. ensure that the arrangement between on the one hand (a) SphereMail, or (b) the relevant intermediate Subprocessor; and on the other hand the Subprocessor, is governed by a written contract including terms which are not less protective of Customer Personal Data than those set out in this Policy;
    4. if that arrangement involves a Restricted Transfer ensure that the Standard Contractual Clauses are at all relevant times incorporated into your Agreement between, SphereMail (or first Subprocessor) and the Subprocessor;
    5. or before the Subprocessor first Processes Customer Personal Data procure that it enters into an agreement incorporating the Standard Contractual Clauses with the Customer (or relevant Customer affiliate, as procured by the Customer)

9.4 Data Subject Rights

SphereMail will:

  1. promptly (and in any event within 14 days) notify Customer if it or any Sub- processor receives a request from a Data Subject under any Data Protection Law in respect of Customer Personal Data;
  2. not (and use best endeavors to procure its Sub-Processor will not) respond to that request except on the documented instructions of Customer or as required by Applicable Laws, in which case SphereMail will to the extent permitted by Applicable Laws inform Customer of that legal requirement before responding to the request
  3. not be responsible for non-delivery of notification, if the Customer has not kept their email contact details up to date.

9.5 Personal Data Breach

  1. SphereMail will, as soon as practical, upon becoming aware of a Personal Data Breach affecting Customer Personal Data, provide Customer with information (as and when available) to assist Customer in the Customer's endeavors to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
  2. SphereMail will co-operate with Customer and take such reasonable commercial and practicable steps as are directed by Customer to assist in the investigation, prevention (as applicable), mitigation and remediation of each Personal Data Breach.

9.6 Deletion or return of Customer Personal Data

  1. Subject to parts c, d Section 8.6, in the event the Customer explicitly requests their account be closed, SphereMail will promptly and in any event within 14 days of the date of cessation of any Services involving the processing of Customer Personal Data (the "Cessation Date"), delete and procure the deletion of all copies of those Customer Personal Data.
  2. Subject to parts c, d Section 8.6, in the event the Customer's account expires due to non-payment, SphereMail will between 30 days and 1 year of the date of cessation of any Services involving the processing of Customer Personal Data (the "Cessation Date"), delete and procure the deletion of all copies of those Customer Personal Data. The exact time-frame is dependent upon how long the Customer had an active account.
  3. Subject to part d Section 8.6, Customer may by written notice to SphereMail prior to 14 days of the Cessation Date require SphereMail to:
    1. provide a complete copy of all Customer Personal Data to Customer by secure file transfer in such format as is reasonably notified by Customer to SphereMail;
    2. delete and procure the deletion of all other copies of Customer Personal Data processed by SphereMail.
  4. SphereMail may not retain Customer Personal Data except to the extent required by Applicable Laws and only to the extent and for such period as required by Applicable Laws and always provided that SphereMail will ensure the confidentiality of all such Customer Personal Data and will ensure that such Customer Personal Data is only processed as necessary for the purpose(s) specified in the Applicable Laws requiring its storage and for no other purpose.

9.7 Audit rights

SphereMail will make available to Customer, on request, all information necessary to demonstrate compliance with this Policy, and will allow for and contribute to audits, including inspections, by Customer or an auditor mandated by Customer in relation to the processing of the Customer Personal Data by the SphereMail and/or its subprocessors.

9.8 General Terms

Governing law and jurisdiction

  1. Without prejudice to clauses 7 (Mediation and Jurisdiction) and 9 (Governing Law) of the Standard Contractual Clauses:
    1. the parties to this Policy hereby submit to the choice of jurisdiction stipulated in your Agreement with respect to any disputes or claims howsoever arising under this Policy, including disputes regarding its existence, validity or termination or the consequences of its nullity;
    2. this Policy and all non-contractual or other obligations arising out of or in connection with it are governed by the laws of the country or territory stipulated for this purpose in your Agreement. Order of precedence.
  2. In the event of any conflict or inconsistency between this Policy and the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail.
  3. Subject to part b Section 8.8, with regard to the subject matter of this Policy, in the event of inconsistencies between the provisions of this Policy and any other agreements between the parties, including your Agreement, the provisions of this Policy will prevail.
  4. Changes in Data Protection Laws

  5. This Policy may be varied and updated from time to time by SphereMail as a result of a change in Data Protection Laws, including any variation which is required to the Standard Contractual Clauses. Severance
  6. Should any provision of this Policy be invalid or unenforceable, then the remainder of this Policy will remain valid and in force. The invalid or unenforceable provision will be either
    1. amended as necessary to ensure its validity and enforceability, while preserving the parties' intentions as closely as possible or, if this is not possible;
    2. construed in a manner, as if, the invalid or unenforceable part had never been contained in this Policy.

9.9 Definitions

In this Policy, the following terms will have the following meaning:

  • Applicable Laws — European Union or Member State laws with respect to any Customer Personal Data in respect of which SphereMail is subject to EU Data Protection Laws; and (b) any other applicable law with respect to any Customer Personal Data in respect of which SphereMail is subject to any other Data Protection Laws; together with all guidelines and other codes of practice issued by an applicable data protection regulator or supervisory authority.
  • SphereMail and/or its subprocessor — SphereMail or any of its Sub-processors.
  • Customer affiliate — an entity that owns or controls, is owned or controlled by or is or under common control or ownership with Customer, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.
  • Customer Group Member — Customer or any Customer affiliate.
  • Customer Personal Data — any EU/UK individual Personal Data Processed by the SphereMail and/or its subprocessor, on behalf of and under the instructions of Customer in connection with the provision of the Services under your Agreement.
  • Data Protection Laws — EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country.
  • EEA — the European Economic Area.
  • EU Data Protection Laws — EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR.
  • GDPR — EU General Data Protection Regulation 2016/679.
  • Restricted Transfer — a transfer outside the EEA of Customer Personal Data from SphereMail and/or its subprocessor. Or an onward transfer of Customer Personal Data from SphereMail and/or its subprocessor to the SphereMail and/or its subprocessor (as applicable) (e.g. SphereMail to its Sub-Processor).

    In each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws) in the absence of the Standard Contractual Clauses to be established under this Policy.

    For the avoidance of doubt, where a transfer of Personal Data is of a type authorised by Data Protection Laws in the exporting country; for example in the case of transfers from within the European Union to the US under a scheme (such as the current US Privacy Shield) which is approved by the EU Commission as ensuring an adequate level of protection, or any other transfer which falls within a permitted derogation under EU Data Protection Laws, such transfer will not be a Restricted Transfer;

  • Services — the services and other activities to be supplied to or carried out by SphereMail on behalf of Customer under your Agreement.
  • Standard Contractual Clauses — the EU model contractual clauses set out in \l "appendix-2"Appendix 2, amended as indicated (in square brackets and italics) in that Appendix.
  • Subprocessor — any person (including any third party, but excluding an employee of SphereMail or any of its sub-contractors) appointed by or on behalf of SphereMail to process Personal Data on behalf of Customer under your Agreement.
  • The word "include" will be construed to mean include without limitation, and terms will be construed accordingly.


This Appendix 1 includes certain details of the Processing of Customer Personal Data as required by Article 28(3) GDPR. Subject matter and duration of the Processing of Customer Personal Data The subject matter and duration of the Processing of the Customer Personal Data are set out in your Agreement and this Policy.

The nature and purpose of the Processing of Customer Personal Data Collecting, recording, replicating and storing the data for the purposes of:

  • Delivery of service;
  • Account management;
  • Customer support or maintenance;
  • Information and database administration (the maintenance of information or databases as a reference tool or general resource);
  • Marketing or customer engagement;
  • Data analytics, or business intelligence;
  • Market research;
  • Sale or acquisition of a business;
  • Risk management and quality control;
  • Outsourcing of services; and
  • Centralisation of data processing activities.
  • The types of Customer Personal Data to be Processed Data relevant to the client relationship with an individual, including without limitation:
  • Full name (first and last name, where applicable);
  • Personal contact information (for example, phone number, email address);
  • Business contact information (for example, phone number, email address, billing address);
  • Technical ID data (such as IP addresses); and
  • Financial / billing data (including bank account numbers).
  • Usage data
  • The categories of Data Subject to whom the Customer Personal Data relates
  • Individual users
  • Users belonging to a corporation or organization or who are affiliated together in some way

The obligations and rights of Customer

The obligations and rights of Customer are set out in your Agreement and this Policy.