Terms of service

These Terms of Service (these “Terms”) explain the relationship between Datananas (“Datananas”, “we” or “us”) and you, when you access and use Datananas and its related domains (together, the “Website “) and/or (ii) download, install, use and in some cases purchase Datananas’s proprietary email software applications (including all related documentation, updates and upgrades) and any other services offered by Datananas Service (“Service” or “Services”).

By using the Services, you agree with these Terms. Those terms may be updated. If this should happen, the “last updated” date given above would be updated accordingly. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. Any new version of these Terms will supersede all earlier versions. You agree that your continued use of the Website after such changes have been published to our Services will constitute your acceptance of such revised Terms. The Services may be terminated, suspended, or modified by Datananas, with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion.

Our privacy policy combined with these terms form an agreement between you and Datananas. By using the Datananas Services, you represent to us that you are legally competent to enter into this agreement.

To access and use Datananas, Users must be legally able to contract and comply with any applicable law (French and / or foreign). Users must use Datananas for business purposes only.

If you are using the Datananas Services on behalf of your employer, your acceptance of these terms is deemed an agreement between your employer and Datananas and you represent and warrant that you have authority to bind your employer to these terms. Datananas reserves the right to change these terms and conditions at any time. The date of this agreement’s last update shall be displayed at the top of this agreement. Continued use of the Datananas services is deemed your conclusive acceptance of any changes to these terms. if you do not agree to these terms, you are not permitted to use the Datananas services.

Users must create an Account from the Website and enter the following information: Name, Surname, Company, Address, email and Telephone Number.

The email address must remain valid as long as the Account remains active. Users are responsible for updating their email address if necessary.

Users must use the software in accordance with those Terms.

To use the software, Users must have access to a device connected to the internet and a recent browser (Chrome) that accepts cookies.

All costs related to the hardware and Internet access of the user are their sole responsibility. Users must, under their sole responsibility, configure the software and their terminals.

To access and use the softwares, Users agree to :

- Always provide sincere and truthful Personal Data and update it as necessary to ensure that it remains complete and accurate;

- Use the software in accordance with its purpose and according to those Terms;

- Respect the rights of third parties and, more generally, all laws and regulations in force;

- Do not harm the reputation of Datananas or defame Datananas;
- Never engage in any conduct that could interrupt, destroy, limit or more generally harm Datananas or allow Users to access and use Datananas without authorization, including by using viruses, malicious code, programs or files ;

- Never copy or sell all or part of the software;

In case of violation of the above, Datananas reserves the right to cancel the Account and / or block Users without notice or compensation. Users acknowledge having verified the suitability of the software with their needs and having received all the information and advice necessary to agree with those Terms. Users acknowledge that they have been fully informed by Datananas of the extent of their contractual obligations under those Terms.

Users are solely responsible for the use of the software. Users undertake to comply with all legal and regulatory requirements, in particular those relating to Personal Data, including making any declaration required by the local data protection authority. Users agree to respect the rights of third parties, including personality rights, intellectual or industrial property rights such as copyrights, patent rights, designs and trademarks.

You may not access the Datananas Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Datananas Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Your Data

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“Your Data” means any data and content stored or transmitted via the Services by or on behalf of you or your end users (which may include data you elect to import from third party services you use). This includes messages you send, files you upload, comments on files, and anything else you enter or upload into Datananas.

The data, information and media notably provided by the Customer, as well as any documents of any kind resulting from their processing, enrichment and improvement by Datananas remain the property of the Customer. Would the obligations contained in those Terms come to an end for any reason, Datananas would, within a maximum period of sixty (60) days from the date, except contrary written instructions of the Customer, extract from its systems all data, confidential information, computer access and / or authentication means and other documents of the Client in order to erase or destroy them.

Datananas undertakes not to keep copies of the data transmitted by the Customer under these Terms of Service, and to no longer use it unless legally required, particularly under the provisions relating to the tax audit of computerized accounts. At the end of the period of recovery of the tax administration, Datananas must erase or destroy this data.

Each of the Parties is bound, both as regards the content of the provisions of these Terms and for the information of the other Party of which it may be aware in the context of the negotiation and execution of this Agreement, provided that such information shall be of a sensitive nature, in particular with regard to the financial, ethical, economic, technical or commercial aspects of the techniques, means and processes of the Parties or declared as such by the other Party (hereinafter “Confidential Information"), whether this information has been provided in writing, orally or by any other means, to:

- Keep them strictly confidential and refrain from communicating them to anyone except for the purposes strictly necessary for the proper performance of the Contract;

- Abstain from exploiting them, directly or indirectly, or allowing them to be exploited by third parties under their control, for any purpose other than the proper performance of the Contract.

The name "Confidential Information" covers any document of any nature whatsoever, information, data, design, concept, manufacturing secret and know-how other than those for which one of the Parties could provide proof that they:

- Are already known by the Parties upon their disclosure, without obligation of confidentiality;

- Were, at the time of their transmission, in the public domain or which subsequently fell into the public domain without being done by one of the Parties;

- Are legitimately obtained from a third party, without restriction or violation of the present obligation of confidentiality;

- Are developed independently by one of the Parties;

- Are disclosed under a legislative or regulatory provision;

- Are communicated by one of the Parties to third parties without obligation of confidentiality.

In order to use our Datananas Services you must link a 3rd party email account to your Datananas Services account and we require that you grant us certain rights with respect to Your Data. Fore example, with your permission (which you are granting by using the Services), the Datananas Service’s software will obtain access to your email account in order for you to being able to send emails via Datananas Service and Service to check for replies on emails you sent. You retain full ownership to Your Data. We do not claim any ownership to any of it.

As well we need to be able to transmit, store and copy Your Data in order to display it to you and your teammates, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the service and the rights granted to us are extended to these third parties to the degree necessary in order for the service to be provided.

You are solely responsible for your conduct, the content of Your Data and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others. You will be responsible for your users’ compliance with these Terms and will use commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify us promptly of any such unauthorized access or use.

You acknowledge that Datananas has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Services.

Your Datananas Account

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You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify Datananas of any unauthorized uses of your account or any other breaches of security. You are not allowed to send spam messages via Datananas Services. Datananas will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Datananas is passing all liability for any spam or other lawsuits that could occur as a result of your activity within Datananas Services to you.

You will use the Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Services. You agree that you will not use the Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights.

You hereby warrant, represent and agree that:

1. You acknowledge that you are the sole or designated “sender” of any email message sent by you using the Service.

2.  The Service may only be used for lawful purposes.

3. You will import, access or otherwise use only lists for which all listed parties have a correspondence with you in connection with your use of the Service.

4. You acknowledge and agree that not all email messages sent through use of the Service will be received by their intended recipients.

5. The “from” line of any email message sent by you using the Service will accurately and in a non-deceptive manner identify your organization, your product or your service.

6. The “subject” line of any email message sent by you using the Service will not contain any deceptive or misleading content regarding the overall subject matter of the email message.

7. You will include in any email message sent by you using the Products your valid physical address, if required by law, which may be a valid post office box meeting the registration requirements established by the GDPR.

8. The Service may not be used for hosting content, including images and documents, that knowingly infringes on the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or libelous material or other material that violates any applicable law or regulation.

You are solely responsible for all activities that occur in Your account(s) and for the security of all of Your and passwords. Notwithstanding anything to the contrary herein, Datananas has no liability of any kind (whether by contract, tort or otherwise) for any unauthorized access to your or your users’ accounts as a result of your actions or inactions.

Sharing Your Data and Your Privacy

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Subject to the limited exceptions specified in our Privacy Policy, until you choose otherwise, all of Your Data remains visible only to you. However, the Services do allow you to share Your Data with others. If you choose to share Your Data, we cannot be responsible for what those other users do with Your Data, so please carefully consider what you share and with whom you share it.

We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data as described in our Privacy Policy. We do not guarantee that Your Data will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction. You acknowledge that it is your responsibility to use a secure encrypted connection if you wish to protect Your Data when you are transmitting it to us and to keep your own backup copies of Your Data. You are solely responsible for protecting your passwords, limiting access to your computers and devices, and signing out of the Datananas Services when you are not using them.

Disclaimer of warranties

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To the extent permitted by applicable law, Datananas is provided and licensed "as is" without any warranties of any kind, either express or implied. Datananas does not warrant that the use of the edited software will be uninterrupted or error free.

Datananas can never be a substitute for administrative and business organization functions and Users' obligations. Datananas support is given only for the use of the software, but not for the organization or management of Users' activities. The information provided by Datananas does not constitute advice, whether commercial, financial, legal, or of any other nature.

Datananas will not issue any express or implied warranty, statutory or other performance or result for the software.

In any case, the overall responsibility of Datananas is strictly limited to one software subscription fee. This clause is essential for Datananas and is part of the agreement of the Parties.

Under no circumstances will Datananas be directly or indirectly responsible for any damage caused to Users or to a third party due to Users' fault. Datananas reserves the right to stop selling the software without notice or compensation. Datananas does not warrant that the software is free from defects or errors that may be corrected or that the software will operate without interruption or malfunction, or that it is compatible with any hardware or configuration other than those expressly approved by Datananas.

Software updates may occur on any day and may cause a break in service for a short time. In case of absolute necessity, Datananas reserves the right to interrupt the software to carry out a maintenance or improvement technical intervention to ensure the proper functioning of its services, regardless of the time and duration of the service. intervention. The breakdown does not give rise to any compensation for Users. The software may be modified based on improvements and updates made without informing Users. The software may be modified, amended and / or otherwise modified at any time and at the sole discretion of Datananas.

No party shall be liable for any defect or delay in performance caused by reasons beyond its control, such as fires, floods, epidemics, famines, earthquakes, hurricanes and other natural disasters or regulations or acts of any authority or civil or military act of any self-regulatory authority, wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts of third parties.

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Subscription & Pricing

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The administrator agrees to pay the full cost of access to the Services mentioned on our pricing page (www.datananas.com/en/pricing) at the time of the order.
Unless otherwise stated on the purchase order, access fees must be paid cash. These fees are based on access to the software and not the actual use of the software. The payment is non-cancellable and non-refundable.
The applicable Prices for the Standard Services may differ and may be displayed in different currencies depending on the location of Users excluding applicable taxes.

Any issue concerning an invoice must be expressed in a letter or an email sent with acknowledgment of receipt within fifteen (15) days from the date of the invoice (or pro forma invoice). In the absence of such letter or email, the Customer will be deemed to have accepted the invoice.

Datananas reserves the right to update its pricing policy and to create new charges at any time, subject to a one (1) month notice to Users. Any changes will be emailed.

The new pricing policy is immediately applicable (i) to new Users, and (ii) for new features, to new and existing Users. For existing Users, the new pricing policy for existing Standard Services will be applicable after renewal of the Term. The Prices applicable to Users when creating their Account are guaranteed until renewal of the Duration.

The Customer subscribes to a subscription renewable by tacit agreement at the end thereof.

All prices are shown net (excluding taxes). The client's subscription period to Datananas services starts on the date of implementation of the software. The date of implementation of the software is manifested by the opening of access to the Datananas platform, autonomously by the client or through a Datananas operator. The customer's subscription term for Datananas services starts no later than two (2) months after the billing date.
In case of late payment, the Customer will be subject to a penalty of a lump sum of one hundred (100) euros per day late. The Customer shall reimburse Datananas for all costs (including reasonable attorney's fees) associated with the collection of payments not honored by the Customer.
Datananas reserves the right in the event of non-payment by the Customer of one of its invoices or in case of violation of a stipulation contained in the Terms, to suspend the access to Datananas until the payment is received in its total amount.

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Billing and Renewal

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Datananas charges and collects in advance for use of the Service. Datananas will automatically renew and bill your credit card or issue an invoice to you (a) every month for monthly licenses, (b) every quarter for quarterly licenses, (c) each year on the subsequent anniversary for annual licenses, or (d) as otherwise mutually agreed upon. The renewal charge will be equal to the then-current number of total User licenses times the license fee in effect during the prior term, unless Datananas has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. Datananas’ fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to provide Datananas with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Datananas reserves the right to terminate your access to the Service in addition to any other legal remedies.

Any issue concerning an invoice must be expressed in a letter or an email sent with acknowledgment of receipt within fifteen (15) days from the date of the invoice (or pro forma invoice). In the absence of such letter or email, the Customer will be deemed to have accepted the invoice.
Datananas reserves the right to update its pricing policy and to create new charges at any time, subject to a one (1) month notice to Users. Any changes will be emailed.
The new pricing policy is immediately applicable  for new Users, and for new features, that Users are new and existing. For existing Users, the new pricing policy for existing Standard Services will be applicable after renewal of the Term. The Prices applicable to Users when creating their Account are guaranteed until renewal of the Duration.
The Customer’s subscription is renewable by tacit agreement at the end of this one.
All prices are shown net (excluding taxes). The client's subscription period to Datananas services starts on the date of implementation of the software. The date of implementation of the software is manifested by the opening of access to the Datananas platform, autonomously by the client or through a Datananas operator. The customer's subscription term for Datananas services starts no later than two (2) months after the billing date.

Cancelling Your Account

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Any termination of the Agreement will be effective at the end of the subscription period. You will be billed for this period despite the cancellation. In the event of a payment by transfer or by SEPA direct debit, the Customer may terminate the renewal of these Terms and Conditions until three (3) months before the tacit renewal of his subscription and of these Terms & Services by sending a registered letter with acknowledgment of receipt. reception at Datananas.

As part of a payment by credit card, the Customer may cancel its subscription, and therefore these Terms and Conditions until the day before, midnight (0h00) of its renewal.

Any termination of the Agreement will be effective at the end of the subscription period. This will be billed despite the cancellation. As part of a payment by transfer or by SEPA direct debit, the Customer may terminate the renewal of these Terms and Conditions until three (3) months before the tacit renewal of his subscription and of these GCVUs by sending a registered letter with acknowledgment of receipt. reception at Datananas

As part of a payment by credit card, the Customer may cancel its subscription, and therefore these Terms and Conditions until the day before, midnight (0h00) of its renewal.

Datananas reserves the right to unilaterally terminate those Terms if the Content loaded and / or exchanged by the Users would create operational problems for the Datananas software and servers. Users concerned will be notified and will have a period of fifteen (15) days to remove said content.

You can stop using our Services at any time and we reserve the right to suspend or end the Services to you in whole or part at any time, with or without cause, and with or without notice, without incurring the liability of any kind. Without limitation, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that may cause us legal liability or disrupt others’ use of the Datananas Services or damage to our business or reputation, or for any other reason. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate your account and access to the Datananas Services immediately. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to Your Data that is stored with the Service. To cancel account you should send a request to our support team via support chat in your customer portal or via support@datananas.com email.

May you cancel your subscription for any reason or might it come to an end, Datananas would provide you any piece of personal information held by its services at the date of termination, under thirty (30) days after reception of a written request.

Outsourcing

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Datananas may subcontract all or part of its rights and obligations under the Contract to all third parties of its choice, whether established in the European Union or, being outside the European Union, established in an appropriate country or provide appropriate guarantees within the meaning of the GDPR, and in strict compliance with the provisions of Law No. 75-1334 of 31 December 1975. Where applicable, Datananas will remain the sole interlocutor of the Customer. It would be fully responsible for any failure and / or fault of the subcontractor (s) involved.

In order to allow the Client to decide on the project of subcontracting, Datananas undertakes to communicate to the Customer all useful information by specifying in particular the identity of the anticipated subcontractor, its references, the nature and the volume of the services. subcontracted and the duration of the subcontract. The Customer may freely agree or refuse for any subcontracting operation. The authorization of total or partial subcontracting does not release Datananas from its contractual obligations. Datananas also warrants the Customer against any breach or claim by any of its subcontractors or any other party, including an agent.

It is up to Datananas to ensure that its subcontractors and all of their employees comply with these Terms of Service  as well as the legislative and regulatory provisions in force, including provisions from the GDPR. Datananas also guarantees the regularity of the situation of its potential subcontractors, particularly in regard to Articles L.324-9 and seq. of the French Labor Code relating to hidden work. Under no circumstances can the Customer be held responsible for the non-respect of these provisions by the Datananas subcontractors.
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Auditability

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Datananas accepts the possible implementation of audits under the conditions defined below, to demonstrate compliance with the obligations provided for in the “Outsourcing” section hereof exclusively, under the following conditions.

The Customer may carry out or commission at its own expense, and by a third party, an audit, at most once a year, except under exceptional circumstances, duly motivated, justifying one or more additional audits. The Customer must first inform Datananas in writing, subject to a notice of fifteen (15) working days before the effective date of audit, indicating:

- The list of visited sites;

- The purpose and scope of the audit;

- The identity of the person (s) who will carry out the audit.

The auditor may not belong to an organization that may compete with Datananas in its activities and must have signed a confidentiality agreement.

The auditor will be able to carry out the audit during the working hours of Datananas. Its audit assignment will last for a maximum of two consecutive days. He will not be able to take any document with him. He shall communicate to Datananas at the same time as the Client, his draft audit report, entitling Datananas to respond within eight (8) days in writing addressed to both the auditor and the Customer. The auditor will then submit to Datananas at the same time as the Client, the final audit report, expressly answering any written comments from Datananas.

The audit assignment may be subject to additional billing by Datananas at its current rates on the day of the audit.

The Customer or the third party designated for carrying out the audit (s) may request access to any information relating to the fulfillment of the obligations set out in our Privacy Policy, in compliance with the regulations relating to the communication of information.

Competent court and applicable law

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The Contract is governed by French law.
In the event that a translated version of the Agreement conflicts with the French version, the French version will prevail. Within the limits provided by the law in force, any dispute as to its validity, interpretation or execution shall be submitted to the exclusive jurisdiction of the Courts of Paris, including in the event of a warranty claim or a plurality of defenders.
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Datananas Bond

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Datananas acts exclusively on instructions from the Customer, as a subcontractor in the sense of the GDPR. Datananas undertakes to implement the appropriate technical and organizational measures in order to guarantee a suitable level of security regarding the risks presented by the treatment.

Datananas will notify the Customer of any violation of Personal Data that concerns them as soon as possible after having read it. Datananas is committed to making its best efforts to assist the Customer in fulfilling its obligation to respond to requests from those concerned to exercise their rights.

Datananas undertakes not to keep, host or archive, temporarily or permanently, directly or indirectly, the associated data and metadata transmitted by the Customer on the occasion of these Terms, its execution and the implementation of any processing , in the territory of a country outside the European Union or European Economic Area, unless the Customer agrees.

Datananas undertakes, in particular, to absolutely respect the following obligations and to have them respected by its personnel, by any person acting under its authority, including, where applicable, by any subcontractor:
- Do not take any copy of the documents and information media entrusted to it, with the exception of those necessary for the proper execution of the Contract, the prior agreement of the Customer being necessary;
- Do not use the documents and information processed for purposes other than those specified in these Terms.
- Do not disclose these documents or information to other people, whether private or public, physical or legal;

Datananas ensures that the persons authorized to process the data on behalf of the Customer are subject to a confidentiality obligation.

In the event of the termination of the Contract, for any reason whatsoever, Datananas undertakes to provide the Customer, at the Customer's written request for the express purpose of this provision, free of charge, within thirty (30) days of receipt of this written request. extraction of its Personal Data as recorded at the end of the Contract, extraction performed according to market standards. At the end of this period, Datananas permanently deletes the Customer's data.

Finally, the Customer is informed that Datananas collects Personal Data about him, which are subject to automated processing for purposes of customer relationship management and compliance with its legal and regulatory obligations.

Your Responsibilities

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In the context of these Terms, the Customer may implement one or more processing of personal data within the meaning of the regulation 2016/679 of 27 April 2016 relating to the protection of individuals with regard to the processing of data personal data and the free movement of such data (hereinafter 'GDPR').

The Customer agrees to comply with all applicable legal and regulatory obligations incumbent upon him as data controller, within the meaning of the RGPD, in particular concerning the processing of his Users' personal data, and contacts imported by Users. Datananas can not be held responsible for any dispute, claim or conviction that may arise due to the Customer's non-compliance with applicable laws and regulations regarding personal data.

In this regard, the Client guarantees that he ensures the maintenance and implementation of any registry, impact study, or any prior formality, and in particular that he has all the necessary authorizations and administrative formalities necessary for the processing of Personal Data, with the french National Commission for Computing and Freedoms (CNIL: www.cnil.fr).

The Client also undertakes to respect the principles of lawfulness, loyalty and transparency of the processing, to the minimization of Personal Data by treating only the categories of Personal Data strictly necessary and, where appropriate, to obtain the consent prior to the Users when necessary. In this sense, the Users and the Customer undertake not to process, within the software, Personal Data constituting sensitive data or particular categories of data within the meaning of Articles 9 and 10 of the GDPR, such as, in particular, data concerning, directly or indirectly, race, health, sexual orientation, political, philosophical and religious opinions.

The Customer agrees to indicate all legal information and mandatory information, and to inform Users of their right of access, modification, portability and opposition regarding the processing of their personal data for legitimate reasons, and to do it within the regulatory deadlines.

Datananas Anti-Spam Requirements

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As an email service provider we take spam law seriously, not only for our sake, but for yours as well. Spam negatively impacts deliverability rates, and we want to make sure your emails reach their intended recipients as often as possible. We have some very strict rules that must be adhered to in all countries, but you may find that your country has additional requirements.

Below you will find a list (conveniently ordered alphabetically) of countries with specific anti-spam legislation as well as our over-all rules to help maintain platform integrity.

Requirements for All Datananas Sequences
1. You must agree to our Terms of Service.

2. We recommend including opt-out link into your emails for audiences you haven’t contacted previously.

3. You must include your contact information inside every email promotion* that you send, including a physical mailing address or PO Box where you can receive mail. (Not a website or email address.)

* An email promotion is usually a broadcast with low ratio of text to image area offering discounts or other incentives to purchase a product or service, or to subscribe, register, download or perform some other action intended to drive revenue for the vendor.

4. Your contact information and subject line must be 100% accurate.

5. If you regularly use an integrated service or CRM platform, you need to abide by their terms of use, in addition to our own.

6. It is strongly recommended that your emails comply with the European General Data Protection Regulation or US CAN-SPAM Act according to your state of residency. If you break the rules, you could be liable for hundreds of euros for each recipient that you sent non-compliant messages to.

7. You must comply with the anti-spam laws of the countries your recipients live in. So if you’re sending to EU residents and US residents, check the EU spam laws to make sure you’re also EU compliant.

International Requirements By Country

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Here are links to the Anti-Spam legislation in countries outside of the US:

Australia
Spam Act 2003, Act No. 129 of 2003 as amended.

Austria
Telecommunications Act 2003.

Belgium
Commission de la protection de la vie privée, Le spam en Belgique Etat des lieux en juillet 2003, July 4, 2003.

Canada
Canada’s Anti-Spam Legislation (CASL).

China
Measures for Administration of E-Mail Service on Internet (2006)

(Unofficial English Translation).

Cyprus
Section 06 of the Regulation of Electronic Communications and Postal Services Law of 2004 (Law 12 (I) / 2004 deals with unsolicited communications (spam).

Czech Republic
Act No. 480/2004 Coll., on Certain Information Society Services.

Estonia
Information Society Service Act.

EU
Article 13 of DIRECTIVE 2002/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 July 2002

The EU body that addresses spam is The Contact Network of Spam Enforcement Authorities (CNSA).

The Directive is implemented by each member state independently so you will want to check with your particular country law for specific details.

France
CNIL Guidelines on email marketing.

Germany
Art. 7 German Unfair Competition Law (Gesetz gegen Unlauteren Wettbewerb) (UWG)

Art. 202a, 263, 303a, 303b of the German Criminal Code Art. 6 of the German Law regarding Information Society Services Art. 28 Par. 4 of the German Data Protection Act.

India
Information Technology Act of 2000.

Italy
Italy’s anti-spam laws are some of the strictest, even to the point of potential imprisonment for sending spam. If you’re sending to Italian recipients, follow these guidelines to the letter.

Personal Data Protection Code (legislative decree no. 196/2003)

DL 196/2003 Personal Data Protection Code.

Netherlands
Dutch law requires very explicit permission and heavily protects data and privacy.

New Zealand
The Unsolicited Electronic Messages Act 2007. The Department of Internal Affairs provides detailed guidelines on the anti-spam laws.

South Africa
Regulation of Spam in South Africa – South African Law.

Sweden
Swedish Marketing Act (Swedish Code of Statutes, SFS 1995:450).

Personal Data Act (Swedish Code of Statutes, SFS 1998:204), in so far as spam activities involve processing of personal data.

UK
The Privacy and Electronic Communications (EC Directive) Regulations.

If you are sending to a country not on this list, please inform our support and they will look into updating this page.

If any of the preceding requirements is not met we reserve the right to suspend any campaign or account without warning.

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