1. Legal framework
The Services are operated by Malloc LIMITED (the “Company”, “We”), domiciled at Malloc LIMITED Stasandrou 7, Nicosia, Cyprus. It is therefore governed by the laws and regulations of Cyprus and Europe. We are also GDPR compliant. The designated representative of the Company in the European Union (notably for the purpose of art. 27 GDPR) is Malloc LIMITED Stasandrou 7, Nicosia, Cyprus.
2. Data collection and usage
Our overriding policy is to collect as little user information (personal data included) as possible to ensure a completely private user experience when using the Services. We do not have the technical means to access the content of your encrypted emails, files, and calendar events. Data collection is limited to the following:
Visiting our website: We employ a local installation of self-developed analytics tools. Analytics are anonymized whenever possible and stored locally (and not on the cloud). IP addresses are not retained and stored for such analytics.
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 this email address with your Account (for password recovery or notification purposes). Such data will only be used to contact you with important notifications about the Services, to send you information related to security, to verify your account or to send you password recovery links if you enable the option. We may also inform you about new Malloc products in which you might have an interest. The legal basis for processing is consent and you are free to remove that data in your Account settings panel at any time. In order to maintain the integrity of the Services, we must take measures to avoid creation of accounts by spammers. 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 Europe 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. In addition to end-to-end encryption, all content is also cryptographically signed by the user, before sending it to us. This means that you can always check the signature of any content you get back from our servers, which protects you from forgery (e.g. by a malicious actor).
Communicating with Malloc: Your communications with us, 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 our Services.
IP logging: By default, we do not keep permanent IP logs in relation with your Account. 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 (e.g. spamming, DDoS attacks against our infrastructure, brute force attacks). The legal basis of this processing is our legitimate interest to protect our service against nefarious activities. If you enable authentication logging for your Account, the record of your login IP addresses is kept for as long as the feature is enabled. This feature is off by default, and all the records are deleted upon deactivation of the feature. The legal basis of this processing is consent, and you are free to opt in or opt out of that processing at any time in the security panel of your Account.
Payment information: We rely on third parties to process credit card transactions and must therefore share payment information with them.The legal basis of this processing is the necessity to the execution of the contract to provide the Services.
Native applications: When you use our native applications, we (or the mobile app platform providers) may collect certain information. We may use mobile analytics software (e.g. Play Store app statistics, App Store app statistics) to send crash information to our developers in order to rapidly fix bugs. Some platforms, such as Google’s Play Store or Apple’s App Store may also collect aggregate, anonymous statistics, which may be governed by their respective privacy policies and terms and conditions. Such statistics can include most commonly used devices and operating systems (e.g. percentage of Android 6.x v. Android 7.x), total number of installs and uninstalls, and the total number of active users. Our applications do not access or track any location-based information from your device.
Please note, Malloc VPN is subject to a different policy, please visit Malloc's VPN Policy for additional details.
3. Data storage
All servers used in connection with the provision of the Services are wholly owned and operated by the Company or its subsidiaries. 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, which may be stored periodically, are also encrypted. We do not possess the ability to access any user encrypted content on either the production servers or in the backups.
4. Data subprocessors
To provide the Services, we rely on different data subprocessors, which process different categories of data. 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, which is exclusively processed by the Company. Subprocessors are as follow:
Malloc Group subprocessors: Malloc, Inc. Purpose: Provide services in relation with the processing of payment data and customer support Data processing location: United States
Third-party subprocessors: Google, Inc. Purpose: Provide services in relation with the processing of payment data (section 2.6) Data processing location: United States
Stripe, Inc. Purpose: Provide services in relation with the processing of payment data (section 2.6) Data processing location: United States
PayPal group Purpose: Provide services in relation with the processing of payment data (section 2.6) Data processing location: United States, Singapore
RevenewCat group Purpose: Provide services in relation with the processing of payment data (section 2.6) Data processing location: United States
5. Data disclosure
We will only disclose the limited user data we possess if we are legally obligated to do so by a binding request coming from the competent EU authorities. We may comply with electronically delivered notices only when they are delivered in full compliance with the requirements of Eu law. Malloc’s general policy is to challenge requests whenever possible and where there are doubts as to the validity of the request or if there is a public interest in doing so. In such situations, we will not comply with the request until all legal or other remedies have been exhausted. Under EU law, subjects of judicial procedures have to be notified of such procedures, although such notification has to come from the authorities and not from the Company. Under no circumstances can Malloc decrypt encrypted message content and disclose decrypted copies.
6. Right to access, rectification, erasure, portability, and right to lodge a complaint
Through your Account interface, 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.