Privacy Policy

Effective Date: January 1, 2025 | Last Updated: June 15, 2025

SecureMailer, Inc. ("SecureMailer," "we," "us," or "our") is committed to protecting the privacy of our customers, end-users of customer applications, website visitors, and anyone else whose personal data we process. This Privacy Policy describes what personal information we collect, why we collect it, how we use and protect it, and the rights you have over that information.

By accessing or using the SecureMailer platform at securemailer.us or any associated services, you acknowledge that you have read, understood, and agreed to the practices described in this Privacy Policy.

1. Information We Collect

1.1 Information You Provide Directly

When you register for an account, purchase a subscription, contact our support team, or otherwise interact with us, we collect information including but not limited to: your name, business email address, company name, billing address (including state and country), payment information (processed by Stripe, Inc. — we do not store raw card data), and any communications you send us.

1.2 Information Collected Automatically

When you use our platform or visit our website, we automatically collect certain technical data including: IP address, browser type and version, operating system, referring URLs, pages viewed, time and date of access, device identifiers, and API usage metrics. This data is collected through cookies, web beacons, server logs, and similar tracking technologies.

1.3 Email Processing Data

As part of providing our email delivery service, we necessarily process data contained in the emails you send through our platform. This includes recipient email addresses, message headers, metadata, and delivery status information. We process this data solely to provide the email delivery service and do not use it for advertising or profiling purposes.

1.4 Third-Party Sources

We may receive information about you from third-party services including payment processors, identity verification providers, and publicly available business registries for the purpose of fraud prevention and compliance verification.

2. How We Use Your Information

We use personal information we collect for the following purposes:

• To provision, operate, and improve the SecureMailer platform
• To process payments and manage your subscription
• To send you transactional communications such as receipts, account alerts, and security notifications
• To respond to your support requests and inquiries
• To detect, prevent, and investigate fraud, abuse, and violations of our Acceptable Use Policy
• To comply with applicable laws and regulations including the CAN-SPAM Act, GDPR, and requests from law enforcement
• To analyze platform usage patterns for product improvement (using aggregated, de-identified data)
• To send product updates and communications where you have opted in to receive them

We do not sell your personal information to third parties. We do not use email content you send through our platform for marketing or advertising to third parties.

3. Data Sharing and Disclosure

SecureMailer shares personal data with third parties only in the following circumstances:

• Service Providers: We engage Amazon Web Services (AWS) for infrastructure hosting, Stripe for payment processing, and other vendors who process data strictly on our behalf under data processing agreements.
• Legal Requirements: We may disclose information if required by law, subpoena, court order, or if we believe in good faith that disclosure is necessary to protect the rights, property, or safety of SecureMailer, our users, or the public.
• Business Transfers: In the event of a merger, acquisition, or sale of all or substantially all of our assets, personal data may be transferred as part of the transaction. We will notify affected users via email and prominent notice on our website.
• Consent: We may share your information with third parties when you have given explicit, informed consent.

4. Data Retention

We retain personal account data for the duration of your active relationship with SecureMailer and for up to 90 days after account closure, unless a longer retention period is required by law. Email delivery logs and analytics data are retained for 30 days (Starter), 90 days (Growth), or custom periods (Enterprise). After the applicable retention period, data is securely deleted or anonymized.

5. Your Rights and Choices

Depending on your jurisdiction, you may have the following rights regarding your personal data:

• Right to Access: Request a copy of the personal data we hold about you.
• Right to Rectification: Request correction of inaccurate or incomplete data.
• Right to Erasure: Request deletion of your personal data, subject to legal retention requirements.
• Right to Restriction: Request that we limit the processing of your data in certain circumstances.
• Right to Data Portability: Receive your data in a structured, machine-readable format.
• Right to Object: Object to the processing of your personal data for direct marketing.
• Right to Opt Out of Sale: We do not sell personal data; this right is satisfied by our practices.

To exercise any of these rights, contact us at privacy@securemailer.us. We will respond to verified requests within 30 days.

6. Security Measures

SecureMailer implements industry-standard security measures to protect your personal data, including: TLS 1.3 encryption in transit, AES-256 encryption at rest for sensitive data, access controls and role-based permissions for all staff, multi-factor authentication requirements for employee systems, regular third-party security audits and penetration testing, and AWS infrastructure security features including VPC isolation and CloudTrail logging.

Despite these measures, no system is completely secure. We encourage you to use strong, unique passwords and to contact us immediately if you suspect unauthorized access to your account.

7. International Data Transfers

SecureMailer stores all customer data in the United States on AWS infrastructure (US-East-1 and US-West-2 regions). If you are located outside the United States, your data will be transferred to and processed in the US. For transfers from the European Economic Area (EEA), we rely on Standard Contractual Clauses (SCCs) as the legal mechanism. Our Data Processing Addendum (DPA) is available to all customers upon request.

8. Children's Privacy

The SecureMailer platform is intended for businesses and individuals aged 18 and over. We do not knowingly collect personal information from individuals under the age of 13. If we discover that a child under 13 has provided us with personal information, we will delete such information immediately. If you believe a child has submitted data to us, contact us at privacy@securemailer.us.

9. GDPR-Specific Provisions

For individuals in the European Economic Area (EEA) or United Kingdom, SecureMailer acts as a data controller for account and billing data, and as a data processor for email content and recipient data transmitted through our platform. Our legal bases for processing include: performance of a contract (service delivery), legitimate interests (fraud prevention, security, product improvement), compliance with legal obligations, and consent where explicitly obtained.

10. CAN-SPAM and CASL Compliance

SecureMailer's platform enforces CAN-SPAM Act compliance for all commercial email sent through our systems. This includes: mandatory physical address inclusion, clear sender identification, functional unsubscribe mechanisms processed within 10 business days, and prohibition on deceptive subject lines. Our platform also supports CASL compliance features for customers sending to Canadian recipients.

11. Changes to This Policy

We reserve the right to update this Privacy Policy at any time. We will provide notice of material changes via email to the address on your account and by posting an updated effective date on this page. Continued use of our services after any change constitutes acceptance of the updated policy.

12. Contact Information

For privacy-related inquiries, data subject requests, or to reach our Data Protection Officer:

SecureMailer, Inc.
Attn: Privacy Officer
123 Market Street, Suite 400
Wilmington, DE 19801
United States
Email: privacy@securemailer.us
Phone: +1 (302) 555-0147

Terms of Service

Effective Date: January 1, 2025 | Last Updated: June 15, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you or the entity you represent ("Customer," "you," or "your") and SecureMailer, Inc. ("SecureMailer," "we," "us," or "our"). By creating an account, accessing, or using the SecureMailer email delivery platform and related services ("Services"), you agree to be bound by these Terms in their entirety.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT OR USE OUR SERVICES.

1. Eligibility and Account Registration

You must be at least 18 years of age and have the legal authority to bind the entity on whose behalf you are using the Services. By registering an account, you represent and warrant that: (a) all registration information you provide is accurate and complete; (b) you will maintain the accuracy of such information; (c) you are authorized to bind any entity on whose behalf you create an account; and (d) your use of the Services does not violate any applicable law.

You are responsible for maintaining the confidentiality of your API keys and account credentials. SecureMailer is not liable for any unauthorized access to your account resulting from your failure to secure your credentials. You must notify us immediately at security@securemailer.us if you suspect unauthorized access to your account.

2. Description of Services

SecureMailer provides a cloud-based email infrastructure platform including transactional email delivery via REST API and SMTP relay, email template management, delivery analytics, bounce and complaint handling, domain authentication (DKIM, SPF, DMARC), suppression list management, and webhook event delivery. Services are provided on an "as is" and "as available" basis.

3. Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy. Permitted uses include: sending transactional emails (OTP, password reset, account notifications, order confirmations, receipts); sending account-triggered notifications; sending marketing emails to recipients who have provided express, verifiable opt-in consent; and testing and development in non-production environments.

4. Prohibited Use

The following uses are strictly prohibited and will result in immediate account suspension or termination without refund:

• Sending unsolicited commercial email (spam) of any kind
• Sending to purchased, scraped, rented, or shared email lists
• Phishing, spoofing, or impersonation of any individual or entity
• Distribution of malware, viruses, or any malicious code
• Content that is illegal under United States federal or Delaware state law
• Harassment, threats, or abuse of any person
• Circumventing unsubscribe mechanisms or suppression lists
• Evading IP or domain-level blocks imposed by ISPs or SecureMailer
• Creating multiple accounts to circumvent rate limits or bans
• Reselling SecureMailer services without an explicit reseller agreement

SecureMailer reserves the right to determine, in its sole discretion, what constitutes a violation of this section.

5. Service Level Agreement

SecureMailer commits to a monthly uptime target of 99.97% for the Growth and Enterprise plans as measured by our internal monitoring systems, excluding scheduled maintenance windows of which at least 48 hours advance notice will be provided. In the event of an uptime failure below the committed level, eligible customers will receive service credits per the following schedule: 99.5%–99.97%: 5% credit; 99.0%–99.49%: 10% credit; below 99.0%: 25% credit. Credits are applied to the next billing cycle and are the sole remedy for uptime failures. The Starter (free) plan carries no uptime commitment.

6. Fees and Payment

Paid subscription fees are billed in advance on a monthly basis. Overage charges for emails exceeding plan limits are billed in arrears at the end of each billing cycle. All fees are in US dollars and are non-refundable except as expressly stated herein. SecureMailer reserves the right to change pricing with 30 days' written notice to your account email address. Failure to pay may result in service suspension. Accounts not paid within 15 days of the due date may be terminated.

7. Intellectual Property

SecureMailer retains all rights, title, and interest in the platform, software, APIs, documentation, and all associated intellectual property. These Terms do not grant you any rights in SecureMailer's trademarks or logos. You retain ownership of your email content and customer data.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECUREMAILER'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO SECUREMAILER IN THE THREE MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100). SECUREMAILER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY.

9. Indemnification

You agree to indemnify, defend, and hold harmless SecureMailer, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law; (d) any content you transmit through the Services; or (e) your infringement of any third-party rights.

10. Termination

Either party may terminate these Terms for any reason with 30 days' written notice. SecureMailer may terminate or suspend your access immediately and without notice if you violate these Terms, our Acceptable Use Policy, or any applicable law. Upon termination, your right to access and use the Services immediately ceases. SecureMailer may retain data as required by law or our data retention policy.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising from or relating to these Terms shall be resolved exclusively in the state or federal courts located in New Castle County, Delaware. You consent to personal jurisdiction in such courts. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

12. Modifications

SecureMailer reserves the right to modify these Terms at any time. Material changes will be communicated via email to your registered address at least 14 days prior to the effective date. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

13. Contact

SecureMailer, Inc. | 123 Market Street, Suite 400 | Wilmington, DE 19801
legal@securemailer.us | +1 (302) 555-0147

Acceptable Use Policy

Effective Date: January 1, 2025 | Last Updated: June 15, 2025

This Acceptable Use Policy ("AUP") governs all use of SecureMailer, Inc.'s email infrastructure services. By using our platform, you agree to comply fully with this AUP. Violations will result in immediate enforcement action up to and including permanent account termination and referral to appropriate authorities.

1. Purpose

SecureMailer is committed to providing a trusted email infrastructure platform. To maintain the deliverability, reputation, and integrity of our systems and to protect email recipients worldwide, we require all customers to adhere strictly to this policy. This AUP supplements our Terms of Service and Privacy Policy.

2. Prohibited Content and Activities

2.1 Spam and Unsolicited Email

Sending unsolicited bulk email or commercial messages ("spam") is strictly prohibited. This includes: sending to any recipient who has not provided explicit, verifiable, opt-in consent to receive communications from you; sending to email addresses obtained by harvesting, scraping, purchasing, renting, trading, or borrowing; sending to role-based addresses (e.g., info@, webmaster@, admin@) without express consent; and sending the same or substantially similar message to large numbers of recipients without individualized consent.

2.2 Phishing, Fraud, and Deceptive Practices

Strictly prohibited: creating or sending emails that impersonate any person or entity; using misleading or deceptive headers, subject lines, or "From" addresses; operating phishing campaigns or credential harvesting; and any form of email fraud, including advance-fee fraud, lottery scams, or employment fraud.

2.3 Malware and Harmful Content

Prohibited: distributing viruses, worms, trojans, ransomware, spyware, or any malicious software via email; sending emails designed to exploit security vulnerabilities; transmitting code or scripts designed to harm recipients' systems; and distributing content that facilitates the unauthorized access to computer systems.

2.4 Illegal Content

Any content that violates US federal law, Delaware state law, or the laws of the recipient's jurisdiction is prohibited, including: child sexual abuse material (CSAM) or any content sexualizing minors; content promoting, facilitating, or inciting violence or terrorism; content violating copyright, trademark, or other intellectual property rights; and content related to illegal drug trafficking or arms dealing.

2.5 Harassment and Threatening Content

Prohibited: sending threatening, harassing, or abusive emails to any individual; targeted harassment campaigns; doxxing or distributing private personal information without consent; and stalking or unwanted surveillance-facilitation.

3. Email List Requirements

All email lists used with SecureMailer must meet the following standards:

• Recipients must have provided explicit, documented opt-in consent to receive emails from your domain
• Lists must be current — addresses not engaged in the past 12 months should be re-confirmed or removed
• Lists must not include addresses from data breaches, data leaks, or third-party data providers
• Double opt-in is strongly recommended and required for marketing campaigns above 50,000 recipients per month
• Unsubscribe requests must be honored within 10 business days and added to your suppression list immediately
• Suppression lists must be maintained and applied to all future sends

4. Complaint Rate Thresholds

SecureMailer monitors complaint rates in real time. Accounts that exceed the following thresholds will be subject to automatic send throttling or suspension:

• Warning threshold: Complaint rate above 0.05% — account notified and deliverability reviewed
• Throttling threshold: Complaint rate above 0.10% — sending rate reduced automatically
• Suspension threshold: Complaint rate above 0.30% — account suspended pending review
• Termination threshold: Sustained complaint rate above 0.50% or single-campaign rate above 1.0% — account terminated

These thresholds align with Google Postmaster Tools guidelines and Amazon SES complaint rate requirements.

5. Enforcement Actions

Depending on the severity and nature of a violation, SecureMailer may take any or all of the following enforcement actions:

• Sending a warning notification to the registered account email
• Temporary throttling of sending rate
• Temporary suspension of sending privileges pending investigation
• Permanent account termination without refund
• Reporting to appropriate law enforcement or regulatory authorities (FTC, FBI IC3, CISA)
• Reporting abuse to ISPs, anti-spam organizations (Spamhaus, SURBL, Barracuda), and abuse.net
• Legal action to recover damages caused by policy violations

6. Reporting Abuse

SecureMailer takes abuse reports seriously. If you have received spam or other abusive email originating from our platform, please report it to abuse@securemailer.us with the full email headers. We investigate all credible reports within 24 business hours and take appropriate action. We cooperate fully with ISP postmasters and anti-spam organizations.

7. Customer Responsibility

You are responsible for all email sent through your SecureMailer account, including email sent by third-party applications using your API credentials. You must ensure any sub-users, employees, or contractors who access your account understand and comply with this AUP. Ignorance of your recipients' consent status is not a defense.

8. No Reselling Without Authorization

You may not resell, sublicense, or provide access to SecureMailer's services to third parties without entering into an explicit reseller or white-label agreement with SecureMailer. Unauthorized reselling violates these Terms and may result in termination of all associated accounts.

9. Amendments

SecureMailer reserves the right to update this AUP at any time. We will notify active customers of material changes via email with at least 14 days' advance notice.

10. Contact

For questions about this AUP: legal@securemailer.us
To report abuse: abuse@securemailer.us
SecureMailer, Inc. | 123 Market Street, Suite 400 | Wilmington, DE 19801