PROTECTION OF YOUR PERSONAL DATA
This privacy statement provides information about
the processing and the protection of your personal data.
Data processing operation: All personal data is collected, stored and used per the explicit request of the user for the purposes the user determined to use the selected services and features of Messendly. Messendly fully respects the personal data of the user and controls it for the sole purpose of providing the services the user specified and explicitly requested.
Data Controller: Tibor Tajti, private entrepreneur (registered address: Balint pap street 34, 4033 Debrecen, Hungary; registration no.: 56182774)
Table of Contents
Messendly is committed to protect your personal data and to respect your privacy. Messendly collects and further processes personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation of the European Union) (hereinafter: GDPR), the consumer privacy acts and personal data privacy laws of the United States of America and its states (including the California Consumer Privacy Act, Colorado Privacy Act, Connecticut Personal Data Privacy and Online Monitoring Act, Delaware Personal Data Privacy Act, Indiana Consumer Data Protection Act, Iowa Consumer Data Protection Act, Kentucky Consumer Data Protection Act, Maryland Online Data Privacy Act, Minnesota Consumer Data Privacy Act, Montana Consumer Data Privacy Act, Nebraska Data Privacy Act, SB 255 of New Hampshire, SB 332 of New Jersey, Oregon Consumer Privacy Act, Rhode Island Data Transparency an Privacy Protection Act, Tennessee Information Protection Act, Texas Data Privacy and Security Act, Utah Consumer Privacy Act, Virginia Consumer Data Protection Act) and of the country of nationality, personal law of the registered user.
This privacy statement explains the reason for the processing of your personal data, the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you have in relation to your personal data. It also specifies the contact details of the responsible Data Controller with whom you may exercise your rights.
Purpose of the processing operation: Messendly offers a unique set of digital legacy services in an online format through the website messendly.com. The services are offered to citizens of the United States of America who are in possession of their full legal capacity and decide to use the services offered by Messendly. Personal data is provided by the user when registering an account at Messendly’s website and when choosing any of the available services/features Messendly offers. Messendly only collects, store and handle personal data that is:
- provided by the user for the purpose of using any specific service/feature offered by Messendly;
- essential to maintain contact with the user regarding the performance of the contract between the user and Messendly;
- essential to provide for full functionality of Messendly’s website for the user.
Your personal data will not be used for an automated decision-making including profiling.
Messendly does not engage in profiling of consumers in furtherance of automated decisions that produce legal or similarly significant effects, as those terms are defined under the Colorado Privacy Act or the Oregon Consumer Privacy Act.
We process your personal data, because, according to Article 6(1)(a) of the GDPR you have given consent to the processing of your personal data for one or more specific purposes that is/are determined by the user and by the functions contained in the service(s)/feature(s) selected at Messendly’s website.
Upon your consent, we may process special categories of personal data (sensitive data), therefore Article 9 of the GDPR applies. In particular, we may collect information related to racial or ethnic origin, religious or philosophical beliefs, data concerning the user’s health, sex life or sexual orientation. We process special categories of personal data, because, according to Article 9(2)(a) you have given explicit consent to the processing of those personal data for one or more specified purposes.
Identification data of emergency contacts are processed based on the authorization provided for in Article 6(1)(b) where processing is necessary for the performance of a contract.
In order to carry out this processing operation, Messendly collects the following categories of personal data:
Name, surname, email address, telephone number, date and place of birth.
Details of the persons addressed by the selected service/feature and of the emergency contact persons (name, surname, email address).
Phone number, death certificate or equivalent document.
Personal data you provide on your thoughts, experiences, life events, ideas and other information you may feel relevant.
Information and documents you provide.
Your voice and your image (including audio and video files).
The scope of personal data is determined by you and by the service/feature you select. Identification data and the data provided by the emergency contact upon showing evidence on the death of the registered user are the only categories of personal data Messendly has access to. All other personal data is kept encrypted and secure, therefore, neither Messendly, nor its employees, members, shareholders, contractors and the data processors have access to. In case applicable data protection laws authorize public bodies (e.g. criminal enforcement bodies) or other persons/organizations to have access to any or some personal data processed by Messendly, Messendly is obliged to comply with such laws and, therefore, grant access to the authorized bodies.
The categories of data that Messendly collects and processes for a business purpose include "sensitive personal information" as defined under the California Privacy Rights Act. Messendly does not use or disclose sensitive personal information for any purpose not expressly permitted by the California Privacy Rights Act.
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit Messendly’s website, we may collect information from you automatically through cookies or similar technology. For further information, please visit : www.allaboutcookies.org. Messendly uses cookies in a range of ways to improve your experience on our website, including keeping you signed in; understanding how you use Messendly’s website. There are a number of different types of cookies, however, Messendly’s website uses the followings:
- Functionality – Messendly uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what location you are in. A mix of first-party and third-party cookies are used.
- Advertising – Messendly uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Messendly sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on Messendly’s website.
You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function fully as a result.
Messendly will retain and evaluate information on your recent visits to our website and how you move around different sections of our website for analytics purposes to understand how people use our website so that we can make it more intuitive.
Messendly will retain your browsing history at our website and use details of the features/services you have previously signed up for to make suggestions to you for other products which Messendly believes you will also be interested in.
In the twelve months prior to the effective date of this Disclosure, Messendly has not sold and will not sell any personal information of consumers, as those terms are defined under the California Privacy Rights Act.
Messendly only keeps your personal data for the time necessary to fulfil the purpose of collection or further processing, namely for:
Given the potentially lengthy lifecycle of the service/feature the user selected at Messendly, Messendly periodically requests for renewal of your consent to further control identification data. Periodical requests for renewal of the consent for the processing of personal data of the registered user are attached to the requirement of paying the subscription fee. Registered users, through the periodical payment of the subscription fee, acknowledge to provide consent to further data processing. Request for renewal of consent for emergency contacts are sent in email directly to the emergency contacts. Renewal of consent requires action from the emergency contact, therefore, based on the instructions contained in the request for renewal email, failure to act by the emergency contact in the time specified in such emails results the termination of the data processing operation of Messendly and may lead to the inability of Messendly to comply with its duties under the contract established between Messendly and the user.
In case the account of the registered user is deleted per the request of the user or as a result of non-payment of the periodical fee(s) as stipulated in the Terms of Use or when the registered user dies and all information and content have been released to the person specified by the registered user, Messendly retains the login name, first name and surname, email address, details of the period the account was active and the invoices of all payments for 5 years after the account is deleted. The purpose of data retention is to provide evidence on the existence of the account, the lawful claims on the periodical fees and on the settlement of the invoices for such periodical fees should any claim, complaint, lawsuit or legal proceedings arise from any of the transactions.
All personal data in electronic format (e-mails, documents, databases, uploaded batches of data, etc.) are stored on servers operated by the following contractors of Messendly: DigitalOcean, LLC and, for video content, Mux, Inc. The respective data privacy policies, the applicable laws and internal guidelines of such contractors provide for the combination of a legal and technical protection of your personal data.
Messendly’s contractors are bound by a specific contractual clause for any processing operations of your data on behalf of Messendly, and by the confidentiality obligations deriving directly from the General Data Protection Regulation in the EU Member States (‘GDPR’ Regulation (EU) 2016/679.)
In order to protect your personal data, Messendly has put in place a number of technical and organizational measures in place. Technical measures include appropriate actions to address online security, risk of data loss, alteration of data or unauthorized access, taking into consideration the risk presented by the processing and the nature of the personal data being processed. Organizational measures include restricting access to the personal data solely to authorized persons with a legitimate need to know for the purposes of this processing operation.
Access to your personal data is provided to Messendly staff responsible for carrying out this processing operation and to authorized staff according to the “need to know” principle. Such staff abide by statutory, and when required, additional confidentiality agreements contained in their employment contracts.
The external contractor staff (e.g. cloud service providers, video storage platform providers) have no access to the identification data of the user and of the emergency contact and they have no access to the content stored in their servers in a way the information stored or processed by such external contractors can be linked to the user/emergency contact. Upon termination or expiration of the user’s contract with Messendly, Messendly ensures all information stored and processed by the external contractors will be deleted permanently.
Any statistical report, market analysis or studies generated from the traffic of Messendly’s website will not contain personal data.
The information Messendly collects will not be given to any other third party that do not qualify as external contractors.
You have specific rights as a ‘data subject’ under Chapter III (Articles 14-25) of the GDPR, in particular the right to access, your personal data and to rectify them in case your personal data are inaccurate or incomplete. Where applicable, you have the right to erase your personal data, to restrict the processing of your personal data, to object to the processing, and the right to data portability.
The right to access: You have the right to request Messendly for copies of your personal data. We may charge you a fee for this service to cover our costs associated to the provision of the copy.
The right to rectification: You have the right to request Messendly correct any information you believe is inaccurate. You also have the right to request Messendly to complete information you believe is incomplete.
The right to erasure: You have the right to request Messendly erase your personal data, under certain conditions (e.g. you cancel your account, you cancel a subscription for a service/feature).
The right to restrict processing: You have the right to request Messendly restrict the processing of your personal data, under certain conditions (e.g. you cancel some of the previously selected features/service but retain others).
The right to object to processing: You have the right to object to Messendly’s processing of your personal data, under certain conditions (e.g. you believe Messendly misuses your data or uses it for a purpose different from the one you provided consent to).
The right to data portability: You have the right to request that Messendly transfer the data that we collected to another organization, or directly to you, under certain conditions.
If you make a request for the exercise of any of your rights, Messendly will respond to you in 30 days. If you would like to exercise any of your rights as data subject, please contact us at our email: [email protected]
You have consented to provide your personal data to Messendly for the present processing operation. You can withdraw your consent at any time by notifying the Data Controller through the communication channels provided below in Heading 9. The withdrawal will not affect the lawfulness of the processing carried out before you have withdrawn the consent.
Messendly does not discriminate against any consumer for exercising their rights under the California Privacy Rights Act.
You can exercise your rights by contacting the Data Controller. Their contact information is given under Heading 9 below.
Where you wish to exercise your rights in the context of one or several specific processing operations, please provide their description in your request.
The Data Controller
If you would like to exercise your rights as data subject, or if you have comments, questions or concerns, or if you would like to submit a complaint regarding the collection and use of your personal data, please feel free to contact the Data Controller at:
The Terms of Use available at Messendly’s website (https://messendly.com/) provide for more detailed information on the features/services offered by Messendly that may help you determine the scope of personal data relevant for each of the features/services.