EmailOpen Privacy Policy
Privacy Policy was last modified October 21st 2026
Akalia Interactive, Inc. and its affiliates (“EmailOpen”) are committed to protecting the privacy of individuals who visit the EmailOpen website and individuals (“Application Users”) who register to use the Services as defined below. This Privacy Policy describes EmailOpen’s privacy practices in relation to the use of the EmailOpen Application website and the related applications and services offered by EmailOpen under the “EmailOpen” brand that are accessible through the EmailOpen Application website (the “Services”).
If your Personal Information is processed by EmailOpen on behalf of an EmailOpen client, requests regarding that information should generally be directed to the applicable client. EmailOpen will reasonably assist its clients in responding to valid privacy requests as required by applicable law and our contractual obligations. You may also contact EmailOpen regarding Personal Information that EmailOpen controls directly, including requests to access, update, correct, or delete your Personal Information, or to unsubscribe from EmailOpen marketing communications. Requests may be submitted at no charge, except where a fee is expressly permitted by applicable law, via our contact us form or by mail to:
Akalia Interactive Inc.
P.O. Box 6085
Malibu, CA 90264
Attention: Privacy Manager
1. Web Sites Covered
This Privacy Policy covers the information practices of websites that link to this Privacy Policy, including https://www.emailopen.com, https://start.emailopen.com (collectively referred to as the “EmailOpen Application Web Site”). The EmailOpen Application Web Site may contain links to other websites. The information practices and content of those websites are governed by their respective privacy statements. EmailOpen encourages you to review the privacy statements of other websites to understand their information practices.
2. Services
When using EmailOpen, Application Users may upload mailing lists and deliver newsletter content via email (“EmailOpen Email”) or web pages (“EmailOpen Landing Page”) to their subscribers, employees, customers, or other contacts (“Email Recipients”). The EmailOpen Application Web Site provides metrics regarding EmailOpen Email campaign readership, including reports about Email Recipient interactions with EmailOpen Emails and EmailOpen Landing Pages. All such information remains under the control of the applicable client and is processed by EmailOpen on the client’s behalf for the purposes of providing, securing, maintaining, supporting, and improving the Services, in accordance with the applicable agreement and law.
3. Information Collected
When purchasing or using the Services, EmailOpen may require information about the organization using the Services and Personal Information relating to Application Users who register to use the Services. As you navigate the EmailOpen Application Web Site or use the Services, EmailOpen may also collect information through commonly used information-gathering technologies, such as cookies and Web beacons (“Application Web Site Navigational Information”). Through our mailing list import tools, signup and survey forms, public API, and integrations available with our Services, clients may also provide information about their employees, customers, subscribers, or other contacts. Clients are responsible for ensuring that Personal Information submitted to the Services is appropriate for the intended use and is collected and processed in accordance with applicable law. Unless otherwise expressly agreed in writing by EmailOpen, clients must not use the Services to collect, upload, or process Sensitive Personal Information or other information subject to specialized legal or regulatory requirements that are not covered by the applicable agreement. Application Web Site Navigational Information may include standard information from your browser or device, such as browser type and language, Internet Protocol (“IP”) address, HTTP header information, and actions taken on the EmailOpen Application Web Site, such as pages viewed, links clicked, or application settings selected.
4. Use of Information Collected
EmailOpen may use Application User information to provide and support the Services, including providing Application Users with access to the EmailOpen Application Web Site and providing metrics regarding EmailOpen Email campaign readership, including reports about Email Recipient interactions with EmailOpen Emails and EmailOpen Landing Pages. EmailOpen may also use Application User information to maintain, secure, support, and improve the EmailOpen Application Web Site and Services and to communicate service-related updates.
EmailOpen uses Application Web Site Navigational Information to operate, secure, support, analyze, and improve the EmailOpen Application Web Site and Services. EmailOpen may also use Application Web Site Navigational Information, alone or in combination with Application User information, to customize the user's experience within the EmailOpen Application Web Site. For additional information about the use of Application Web Site Navigational Information, please review Section 5 of this Statement. EmailOpen may use Application User information and Application Web Site Navigational Information to enforce EmailOpen Application Web Site policies and applicable agreements, to protect the security and integrity of the Services, and to protect EmailOpen’s rights and intellectual property or the rights of others using the EmailOpen Application Web Site or Services.
5. Application Web Site Navigational Information
EmailOpen uses commonly used information-gathering technologies, such as cookies and Web beacons, to collect information from your device as you navigate the EmailOpen Application Web Site, interact with EmailOpen Emails, or use the Services. This section describes the types of Application Web Site Navigational Information used on the EmailOpen Application Web Site and in connection with the Services and how this information may be used.
Cookies
EmailOpen uses cookies and JavaScript to enable and improve interactions with the EmailOpen Application Web Site. When you visit the EmailOpen Application Web Site or use the Services online, EmailOpen’s servers may place a cookie on your device. Cookies are small data files stored by your browser that allow EmailOpen to recognize a browser or session, maintain authentication, remember preferences, and provide functionality within the Services. For a more thorough explanation of what cookies are and how they operate, including how to see which cookies have been set and how to manage or delete them, please visit www.allaboutcookies.org.
EmailOpen uses both session and persistent cookies. Session cookies exist only during a browser session and generally expire when you close your browser. Persistent cookies remain on your device for a defined period or until deleted. Please note that if you disable your browser’s ability to accept required cookies, you may not be able to access or navigate portions of the EmailOpen Application Web Site. Similarly, if you disable JavaScript, some features or areas of the EmailOpen Application Web Site may not function properly.
The following describes how EmailOpen uses these two categories of cookies:
Session Cookies:
Session Cookies are required for certain functions of the Services. They enable you to navigate the EmailOpen Application Web Site and use its features, including accessing secure areas of the EmailOpen Application Web Site and using the Services.
EmailOpen uses Session Cookies containing protected identifiers to maintain authenticated sessions and associate requests with the appropriate Application User account. These cookies allow EmailOpen to recognize Application Users while they are logged into the Services and to process their online requests.
Persistent Cookies:
Persistent Cookies allow the EmailOpen Application Web Site to remember information entered or choices made, such as date-range selections for list views or application preference settings, and to provide enhanced functionality. These cookies may also help Application Users optimize their use of the Services after logging in.
EmailOpen uses Persistent Cookies to remember Application User preferences and settings within the Services. EmailOpen does not use these cookies for cross-context behavioral advertising. Persistent Cookies are not required for all functionality of the EmailOpen Application Web Site or Services.
Web Beacons
EmailOpen may use a transparent tracking pixel in EmailOpen Emails to determine whether an Email Recipient has opened a message. When the image is requested from EmailOpen’s servers, EmailOpen records information associated with the Email Recipient and campaign to report the message as opened. EmailOpen does not use this tracking pixel in conjunction with cookies.
Click-through activity in EmailOpen Emails and EmailOpen Landing Pages is tracked using encoded URLs rather than cookies or Web beacons.
When EmailOpen’s proprietary social-media comment and like functions are used on EmailOpen Landing Pages, Email Recipient interactions may also be tracked using encoded URLs and forms.
EmailOpen does not use cookies to track Email Recipient interactions with EmailOpen Emails or EmailOpen Landing Pages.
IP Addresses
When you visit or use the EmailOpen Application Web Site, we automatically receive your device’s Internet Protocol (IP) address or the IP address of the proxy server you use to access the Internet. EmailOpen may use this information to operate, secure, analyze, and improve the Services, including restricting access to authorized Application Users and generating aggregated or de-identified analytics.
6. Data Retention
EmailOpen retains Personal Information only for as long as reasonably necessary to provide the Services, fulfill the purposes described in this Privacy Policy, comply with legal obligations, resolve disputes, and enforce applicable agreements. Following closure of an EmailOpen account, client data maintained in active systems will generally remain available for up to 40 days and will then be deleted or de-identified in accordance with EmailOpen’s documented retention procedures, unless a longer retention period is required by law or has been agreed with the client. Residual copies may remain temporarily in secure backup systems until removed through EmailOpen’s normal backup-retention cycle.
7. Email Recipient Data
As part of the Services, EmailOpen clients may submit or generate electronic data or information relating to Email Recipients (“Email Recipient Data”), which may include Personal Information. EmailOpen generally does not have a direct relationship with the individuals to whom Email Recipient Data relates and processes such information on behalf of the applicable EmailOpen client. EmailOpen processes Email Recipient Data in accordance with the applicable agreement with the client, the client’s documented instructions, and applicable law. EmailOpen does not sell Email Recipient Data or share it for cross-context behavioral advertising. Individuals seeking to exercise privacy rights concerning Email Recipient Data should generally contact the applicable EmailOpen client. EmailOpen will reasonably assist its clients in responding to valid privacy requests as required by applicable law and its contractual obligations.
8. Google Integration
The EmailOpen application allows authorized Application Users to export data from EmailOpen directly to Google Sheets. This integration is available only to Application Users who have an established account relationship with an EmailOpen client. Email Recipients and other individuals whose information may appear in a client’s mailing lists are not required to authenticate with Google, and EmailOpen does not access their Google accounts, Google credentials, or Google access tokens. To use the integration, an Application User may authenticate with their own Google account and authorize EmailOpen to connect to Google Sheets. EmailOpen uses standard Google APIs for authentication and data transfer (OAuth 2.0 Protocol and Google Sheets API Developers Guide).
What Google user data is accessed?
EmailOpen accesses limited Google account information relating only to the authenticated Application User and only as necessary to provide the Google Sheets integration. The information accessed may include:
Basic Information – EmailOpen accesses the Application User’s Google account email address to identify the Google account with which the Application User has authenticated.
Access Token – An access token associated with the authenticated Application User is used to interact with authorized Google services on that Application User’s behalf and enable the transfer of content to Google Sheets. EmailOpen requests only the Google permissions necessary to provide the authorized integration.
Sheet Details – When exporting EmailOpen application data to Google Sheets, EmailOpen may access the applicable Sheet ID so the Application User can open and view the generated sheet.
The Google integration does not access Google account information, credentials, or access tokens belonging to Email Recipients or other individuals included in an EmailOpen client’s mailing lists. EmailOpen uses Google user data only as necessary to provide the functionality authorized by the Application User and does not use Google user data for advertising or unrelated purposes. Application Users may review or revoke permissions granted to the EmailOpen application through their Google account settings at any time.
9. Security
EmailOpen maintains administrative, technical, and physical safeguards designed to protect Personal Information against unauthorized access, acquisition, disclosure, alteration, loss, misuse, or destruction. These safeguards include encryption in transit using Transport Layer Security (TLS), access controls, and other security measures appropriate to the nature of the information processed. While EmailOpen follows generally accepted standards designed to protect information submitted to us, no method of electronic transmission or storage is completely secure. Application Users are responsible for protecting their account credentials, limiting unauthorized access to their devices, and signing out of the Services when appropriate.
10. International Use
EmailOpen is headquartered in the United States, and the EmailOpen Application Web Site and Services are primarily hosted in the United States. Personal Information may therefore be accessed from or transferred to the United States. Where Personal Information is transferred internationally, EmailOpen uses appropriate safeguards and transfer mechanisms as required by applicable data protection law. EmailOpen protects Personal Information in accordance with this Privacy Policy regardless of where it is processed or stored. Personal Information processed in the United States may also be subject to lawful access by U.S. courts, government authorities, law enforcement agencies, or regulatory authorities in accordance with applicable law.
For residents of the European Economic Area (EEA), applicable data protection rights may include the right to access, review, correct, or delete your Personal Information. You may exercise applicable rights concerning Personal Information controlled directly by EmailOpen by contacting us at privacy@emailopen.com. Requests may be submitted at no charge, except where a fee is expressly permitted by applicable law.
Depending on applicable law, you may also have the right to object to or restrict certain processing of your Personal Information and to request portability of your Personal Information by contacting us at privacy@emailopen.com.
You can unsubscribe from EmailOpen marketing communications at any time by clicking the “unsubscribe” button or link in the emails we send you or by contacting us at privacy@emailopen.com.
For data privacy questions, concerns, or requests, please use our contact us form or write to:
Akalia Interactive Inc.
P.O. Box 6085
Malibu, CA 90264
Attention: Privacy Manager
If you have concerns about our collection or use of your Personal Information, you may have the right to submit a complaint to your applicable data protection authority. Click here to access contact information for data protection authorities in the European Economic Area (“EEA”).
Please note that EmailOpen Application Users may upload mailing lists and deliver email communications using our Services. For Personal Information that EmailOpen processes through the Services on behalf of an EmailOpen client, EmailOpen generally acts as a processor and the applicable EmailOpen client acts as the controller. If you wish to exercise data protection rights relating to Personal Information controlled by an EmailOpen client, you should generally contact that client directly and refer to the client’s applicable privacy policy. If you need assistance identifying the applicable EmailOpen client, you may contact us and we will reasonably assist you in identifying the appropriate organization.
EmailOpen participates in the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”). EmailOpen is committed to applying the applicable DPF Principles to Personal Information received from the European Union and Switzerland in reliance on the applicable DPF. If there is any conflict between the terms of this Privacy Policy and the EU-U.S. DPF Principles or Swiss-U.S. DPF Principles, the applicable DPF Principles shall govern. To learn more about the Data Privacy Framework Program, visit the U.S. Department of Commerce’s Data Privacy Framework website.
In compliance with the EU-U.S. DPF and Swiss-U.S. DPF, Akalia Interactive, Inc. commits to cooperate and comply, respectively, with the advice of the panel established by the EU data protection authorities (“DPAs”) and the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and Swiss-U.S. DPF in the context of the employment relationship.
With respect to Personal Information received or transferred pursuant to the Data Privacy Framework, EmailOpen is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. In certain situations, EmailOpen may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
For onward transfers of Personal Information received in reliance on the EU-U.S. DPF or Swiss-U.S. DPF to a third-party processor, EmailOpen complies with the applicable Data Privacy Framework Principles, including applicable accountability requirements for onward transfers.
EmailOpen will make reasonable efforts, in cooperation with the applicable EmailOpen client where appropriate, to investigate and resolve privacy questions or complaints concerning Personal Information handled under the Data Privacy Framework. Unresolved Data Privacy Framework complaints concerning non-HR data may be referred to JAMS, EmailOpen’s designated independent dispute resolution provider. This independent recourse mechanism is available at no cost to the individual.
If your Data Privacy Framework complaint cannot be resolved through the available channels, under certain conditions you may invoke binding arbitration for certain residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction.
Questions and inquiries concerning your privacy should be submitted via our contact us form or by mail to:
Akalia Interactive Inc.
P.O. Box 6085
Malibu, CA 90264
Attention: Privacy Manager
11. Disclosure of Personal Information to Third Parties
EmailOpen does not sell Personal Information, share Personal Information for cross-context behavioral advertising, or disclose Personal Information to third parties for their own independent marketing purposes. Where EmailOpen uses a service provider or contractor that may receive Personal Information, such disclosure is limited to what is reasonably necessary to provide, secure, maintain, support, or improve the Services and is subject to applicable contractual and legal protections.
EmailOpen may disclose Personal Information:
- Where applicable, to service providers and contractors that process information on EmailOpen’s behalf and only as necessary to provide, secure, maintain, support, or improve the Services, subject to applicable contractual and legal requirements.
- For legal and security purposes, including when required by applicable law, subpoena, court order, legal process, or lawful governmental request, or when reasonably necessary to protect the rights, security, or integrity of EmailOpen, our clients, Application Users, or others.
- In connection with a merger, acquisition, reorganization, financing, sale of assets, or similar corporate transaction, subject to applicable law and appropriate protections for Personal Information.
12. California Privacy Rights California Consumer Privacy Act
If you are a California resident, you may have certain rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the “CCPA”), regarding Personal Information that EmailOpen collects and processes.
Depending on the circumstances and subject to applicable exceptions, these rights may include:
- Right to Know and Access. You may request information about the Personal Information we collect, use, disclose, or otherwise process about you, including the categories and specific pieces of Personal Information we maintain about you.
- Right to Delete. You may request deletion of Personal Information we maintain about you, subject to applicable exceptions.
- Right to Correct. You may request correction of inaccurate Personal Information we maintain about you.
- Right to Opt Out of Sale or Sharing. California residents have the right to opt out of the sale or sharing of their Personal Information. EmailOpen does not sell Personal Information and does not share Personal Information for cross-context behavioral advertising, as those terms are defined by the CCPA.
- Right to Limit the Use of Sensitive Personal Information. Where applicable under the CCPA, you may have the right to limit certain uses or disclosures of Sensitive Personal Information.
- Right to Non-Discrimination. EmailOpen will not discriminate or retaliate against you for exercising rights provided by applicable privacy law.
EmailOpen provides communication and related services to organizations that use the EmailOpen platform. In providing these services, EmailOpen may process Personal Information supplied, collected, or generated by or on behalf of our clients, including information relating to our clients’ employees, customers, email recipients, users, or other contacts.
For such Personal Information, EmailOpen acts as a service provider on behalf of its client and processes the information only for the purposes specified in our agreement with that client, the client’s documented instructions, and as otherwise permitted by applicable law.
EmailOpen does not sell or share client data or Personal Information relating to our clients’ customers, employees, email recipients, users, or other contacts. We do not use such Personal Information for cross-context behavioral advertising or for purposes unrelated to providing, securing, maintaining, supporting, or improving the services provided to the applicable client, except as otherwise permitted by applicable law.
Because EmailOpen processes this information on behalf of its clients, individuals wishing to exercise privacy rights regarding Personal Information controlled by an EmailOpen client should generally submit their request directly to that client. EmailOpen will reasonably assist its clients in responding to valid privacy requests as required by applicable law and our contractual obligations.
Personal Information Collected Directly by EmailOpenIn certain circumstances, EmailOpen may collect Personal Information directly for its own business purposes, such as when you visit our website, request information or a demonstration, communicate with us, establish or administer an EmailOpen account, contact support, or otherwise interact directly with EmailOpen.
The categories of Personal Information we collect and the purposes for which we use that information are described elsewhere in this Privacy Policy.
Depending on how an individual interacts with EmailOpen and the Services used, the categories of Personal Information EmailOpen may collect or process may include identifiers, such as name, business email address, and IP address; customer record information; Internet or other electronic network activity information, such as application activity and email engagement information; professional or employment-related information provided by clients; and other Personal Information submitted by an Application User or client through the Services. The specific categories collected or processed depend on the individual’s relationship with EmailOpen and the Services used.
EmailOpen does not sell Personal Information collected directly by EmailOpen and does not share such Personal Information for cross-context behavioral advertising, as those terms are defined by the CCPA.
Exercising Your California Privacy RightsCalifornia residents may submit a request to exercise any applicable rights described above using one of the following methods:
Online: EmailOpen Contact FormMail:
EmailOpen / Akalia Interactive Inc.
PO BOX 6085 Malibu, CA 90264
Please provide sufficient information for us to identify you, understand your request, and, where necessary, verify your identity. EmailOpen may take reasonable steps to verify your identity before fulfilling a request, as permitted or required by applicable law.
You may also designate an authorized agent to submit a request on your behalf. EmailOpen may require reasonable documentation demonstrating that the agent is authorized to act for you and may take steps permitted by applicable law to verify the request.
If your request concerns Personal Information that EmailOpen processes on behalf of one of our clients, we may refer your request to the applicable client or assist the client in responding to your request, as appropriate.
EmailOpen will not discriminate or retaliate against you for exercising any of your rights under the CCPA.
California “Shine the Light” LawCalifornia Civil Code Section 1798.83 permits California residents to request certain information regarding disclosures of their Personal Information to third parties for those third parties’ direct marketing purposes.
EmailOpen does not disclose Personal Information to third parties for their own direct marketing purposes.
Requests relating to California privacy rights or California’s “Shine the Light” law may be submitted using the contact information provided above.
13. Changes to this Privacy Policy
EmailOpen may update this Privacy Policy periodically to reflect changes to our practices, Services, or legal requirements. When we make material changes, we will update the “Last Modified” date at the top of this Privacy Policy and provide additional notice where required by applicable law.