Terms of Service

Last Updated: Jan 22, 2025

By accessing or using the services of EmailConsul, you agree to these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree with these terms, please do not use our services.

1. Data Processing & GDPR Compliance

  • 1.1. Data Processing & Storage Location

    • EmailConsul processes and stores all data exclusively in the United States.

    • We do not operate servers in the EU/EEA and all EU personal data transferred to our services will be processed in the U.S..

  • 1.2. Legal Basis for Data Transfers from the EU/EEA

    To comply with GDPR (Regulation (EU) 2016/679) , we use the following legal mechanisms for data transfers from the EU/EEA to the U.S.:

    • Standard Contractual Clauses (SCCs)

      • By using our services, you agree that any personal data transferred from the EU/EEA is subject to the European Commission’s Standard Contractual Clauses (SCCs) (Decision 2021/914)

      • The SCCs are incorporated by reference into these Terms and apply automatically to any data transfer from the EU/EEA to our U.S.-based services.

    • User Consent (If Applicable)

      • Where required, we obtain explicit consent from EU/EEA users before processing their data.

    • Data Minimization

      • We only process data necessary to provide our services and do not use personal data for unrelated purposes.

2. Your Rights Under GDPR

If you are an EU/EEA data subject, you have the following rights regarding your personal data:

  • Right to Access – Request a copy of your personal data.

  • Right to Rectification – Correct inaccurate or incomplete data.

  • Right to Erasure (“Right to be Forgotten”) – Request deletion of your data.

  • Right to Restriction – Request limited processing of your data.

  • Right to Data Portability – Receive your data in a structured format.

  • Right to Object – Object to the processing of your data.

To exercise these rights, contact us at:

[email protected]

3. Responsibilities of Users (Customers)

  • You must ensure that any data you provide to EmailConsul is legally obtained and complies with applicable laws, including GDPR if you process EU personal data.

  • If you use our services to process personal data of EU/EEA individuals, you agree that EmailConsul acts as a Data Processor and you are responsible for compliance as the Data Controller.

4. Security & Data Protection

  • 4.1. Security Measures

    We implement technical and organizational security measures to protect user data, including:

    • Encryption of data in transit and at rest.

    • Access controls to limit access to authorized personnel only.

    • Regular security audits to ensure compliance with best practices.

  • 4.2. Subprocessors & Third-Party Services

    • We use trusted third-party service providers (subprocessors) to support our services.

    • All subprocessors must comply with GDPR-equivalent data protection standards.

    • A list of subprocessors is available upon request.

5. Data Retention & Deletion

  • Personal data is retained only as long as necessary to provide our services.

  • If you terminate your use of EmailConsul, we will delete or anonymize your personal data unless legally required to retain it.

  • You may request data deletion by contacting [email protected].

6. U.S. Government Data Requests

  • If we receive a U.S. government request for personal data, we will:

    • Assess the legality of the request and challenge any unlawful or overbroad demands.

    • Notify the affected party, unless legally prohibited.

    • Minimize any required disclosure to protect privacy.

7. Limitation of Liability

  • EmailConsul is not liable for any indirect, incidental, or consequential damages resulting from the use of our services.

  • Our total liability under these Terms shall not exceed the amount paid for the services in the previous 12 months.

8. Updates to These Terms

We may update these Terms to reflect legal, security, or business changes.

  • Continued use of EmailConsul after an update constitutes acceptance of the new Terms.

  • Major updates will be announced via our website or email.

9. Governing Law & Dispute Resolution

  • These Terms are governed by the laws of the United States and the State of New York.

  • Any disputes shall be resolved in the courts of New York.

10. Contact Information

For GDPR-related inquiries, you can reach us at:

[email protected]

90 State Street STE 700 Office 40 Albany NY 12207