Privacy Policy

By using the website and making use of EtherMail (the "Services"), you understand that your data in relation with your use of our Services is processed according to the following Privacy Policy. The Services are offered by EtherMail (the "Company" or "We").

This Privacy Policy explains (i) what information we collect through your access and use of our Services (ii) the use we make of such information; and (iii) the security level we provide for protecting such information. This Privacy Policy is to be read and understood as being a complement to our Terms and Conditions.

Legal Framework

The Company is domiciled in Liechtenstein at the following address:

Landstrasse 158, 9494
Schaan, Liechtenstein
Phone: +423 237 40 40

Therefore, it is governed by the laws and regulations of Liechtenstein.

Data related to the opening of an account

Any email address provided to us through either our waiting list, optional email verification, or optional notification/recovery email setting in your account, is considered personal data.

Such data will only be used to contact you with important notifications about the Services, to send you information related to security, to send you an invitation link to create your EtherMail account, to verify your EtherMail account, or to send you password recovery links if you enable the option. We may also inform you about new EtherMail products in which you might have an interest. You are free, at any given time, to opt-out of those features through the account settings panel.

In order to maintain the integrity of the Services, we must take measures to avoid creation of accounts by spammers. This is because if spammers use EtherMail to send messages, EtherMail’s IP addresses can become blocked by major mail providers such as Gmail, Yahoo, Outlook, etc.

In order to pursue our legitimate interest of preventing the creation of accounts by spam bots or human spammers, we use a variety of human verification methods. Verification may also be requested for some sensitive operations besides account creation in order to protect against brute-force attacks. You may be asked to verify using either hCaptcha (or reCAPTCHA in the event that hCaptcha is unavailable), Email, or SMS. IP addresses, email addresses, and phone numbers provided are saved temporarily in order to send you a verification code and for anti-spam purposes. The period of temporary data retention is determined by our legitimate interests of protecting the service from spam, and also by any applicable Liechtenstein legal requirements we must comply with. If this data is saved permanently, it is always saved as a cryptographic hash, which ensures that the raw values cannot be deciphered by us.

Data Collection

Our overriding policy is to collect as little user information as possible to ensure a completely private and anonymous user experience when using the Services.

Data collection is limited to the following:

Visiting our website: Analytics are anonymized whenever possible.

Account creation: It is not necessary to provide personal information in order to create an account, but you may provide an external email address for notification or password recovery purposes. Should you choose to provide it, we do associate another email address with your account (for password recovery, or notifications). The legal basis for processing is consent and you are free to remove that data in the account panel of your EtherMail account.

EtherMail Account activity: Due to limitations of the SMTP protocol, we have access to the following email metadata: sender and recipient email addresses, the IP address incoming messages originated from, message subject, and message sent and received times. We do NOT have access to encrypted message content, but unencrypted messages sent from external providers to EtherMail are scanned for Spam and Viruses to pursue the legitimate interest of the protection of our users. We also have access to the following records of account activity: number of messages sent, amount of storage space used, total number of messages, last login time.

Communicating with EtherMail: Your communications with the Company, such as support requests, bug reports, or feature requests may be saved by our staff. The legal basis for processing is our legitimate interest to troubleshoot more efficiently and improve the quality of the EtherMail service.

IP Logging: By default, we do not keep permanent IP logs in relation with your use of the Services. However, IP logs may be kept temporarily to combat abuse and fraud, and your IP address may be retained permanently if you are engaged in activities that breach our terms and conditions (spamming, DDoS attacks against our infrastructure, brute force attacks, etc). The legal basis of this processing is our legitimate interest to protect our Services against nefarious activities. If you are breaking Liechtenstein law, EtherMail can be legally compelled to log your IP address as part of a Liechtenstein criminal investigation.

Data Retention

When a EtherMail account is closed, data is immediately deleted from production servers. Active accounts will have data retained indefinitely. Deleted emails and files are also permanently deleted from production servers. Deleted data may be retained in our backups for up to 30 days.

Data Use

We do not have any advertising on our site. Any data that we do have will never be shared except under the circumstances described below in the Data Disclosure Section. We do NOT do any analysis on the limited data we do possess with two exceptions:

  • Emails sent unencrypted to EtherMail accounts (e.g. Gmail to EtherMail) are scanned automatically pursuing the legitimate interest of detecting spam so we can block IPs which are sending a lot of spam to EtherMail users and place spam messages in a spam directory. Inbound messages are scanned for spam in memory, and then encrypted and written to disk. We do not possess the technical ability to scan messages after they have been encrypted.
  • Emails sent by EtherMail users to outside (e.g. Gmail) users with encryption disabled are scanned automatically pursuing the legitimate interest of detecting spam in the same manner as incoming email. This is to ensure a EtherMail account which is being used for spamming purposes can be detected and locked so email deliverability for legitimate users is not degraded.

Data Storage

All servers used in connection with the provisioning of the Services are located in Germany and wholly owned and operated by the Company. Only employees of the Company have physical or other access to the servers. Data is ALWAYS stored in encrypted format on our servers. Offline backups may be stored periodically, but these are also encrypted. We do not possess the ability to access any user encrypted message content on either the production servers or in the backups.

Processors never store data outside of the scope of their specific purpose. Notably, they do not store data in relation with the general day-to-day use of your Account and Services.

Data Disclosure

We will only disclose the limited user data we possess if we are instructed to do so by a fully binding request coming from the competent Liechtenstein authorities (legal obligation). While we may comply with electronically delivered notices (see exceptions below), the disclosed data can only be used in court after we have received an original copy of the court order by registered post or in person, and provide a formal response.

If a request is made for encrypted message content that we do not possess the ability to decrypt, the fully encrypted message content may be turned over. If permitted by law, we will always contact a user first before any data disclosure. Under Liechtenstein law, it is obligatory to notify the target of a data request, although such notification may come from the authorities and not from us.

We may from time to time, contest requests if there is a public interest in doing so. In such situations, the Company will not comply with the request until all legal or other remedies have been exhausted. Therefore, not all requests described in our Transparency Report will lead to data disclosure. We are also permitted under GDPR and Liechtenstein law to disclose data for the purposes of defending against attacks. The legal basis for this is our legitimate interest in protecting our Service and Company against attacks.

Right to Access, Rectification, Erasure, Portability, and right to lodge a complaint

Through the Services, you can directly access, edit, delete or export personal data processed by the Company in your use of the Services.

If your account has been suspended for a breach of our Terms and Conditions, and you would like to exercise the rights related to your personal data, you can make a request to our support team.

In case of violation of your rights, you have the right to lodge a complaint to the competent supervisory authority.

Modifications to Privacy Policy

We reserve the right to periodically review and change this policy from time to time. We will notify users of material changes via public announcements on our blog.

Continued use of the Services will be deemed as acceptance of such changes.