Conditions of the processing relationship
SEND MAILS NOW - INDIA acts as a data processor on behalf of the Users, and undertakes to respect the obligations described in the Annex “Agreement on the processing of personal data“.
In this context, it is specified that:
The Users can retrieve their distribution lists at any time by clicking on the “export button” from their personal SEND MAILS NOW - INDIA account.
Personal data contained in the distribution lists may only be disclosed to third parties in the following cases:
with the authorization of the Users certifying that the data subject have themselves authorized this disclosure;
at the request of the competent legal authorities, on judicial requisition, or in the context of a legal dispute.
Use of the data by SEND MAILS NOW - INDIA
To enable SEND MAILS NOW - INDIA to pursue its legitimate interests, in particular relating to risk management, and the evaluation of the quality of Users’ mailing lists (and, for example, to avoid the risks of spam, phishing or fraud), the Users are informed that SEND MAILS NOW - INDIA reserves the right to transmit these lists and their content to third party providers for the purpose of establishing a reliability score. Any transmission of this data will be carried out by SEND MAILS NOW - INDIA in compliance with applicable rules.
Finally, the Users expressly accept that the behavior of the recipients of these emails may be analyzed by SEND MAILS NOW - INDIA (tracking opening rates, click rates and bounce rates at the individual level) to improve its emailing campaigns effectiveness.
The use of the SEND MAILS NOW - INDIA Services resulting from the subscription to the SEND MAILS NOW - INDIA Services is strictly personal and may not be rented or transferred free of charge or for a fee to a third party. In the absence of prior authorisation, the use of SEND MAILS NOW - INDIA is limited to only one account per User.
Any use of the SEND MAILS NOW - INDIA Services that may damage, disable, or overload SEND MAILS NOW's infrastructure or networks connected to SEND MAILS NOW's servers, or interfere with the enjoyment of the Services by other Users, is prohibited.
Any attempt to access, without authorisation, the Services, any other accounts, computer systems or other networks connected to a SEND MAILS NOW - INDIA server or any of the Services via hacking or any other method is prohibited.
The use of the Services for the purpose of selling products or services related to illegal or fraudulent activities or encouraging such activities and, in particular, without this list being exhaustive, activities related to illegal drugs, hacking programs, instructions for assembling or creating bombs, grenades or other weapons, materials containing violence against children or which encourages violence is prohibited.
Any use of the Services contrary to the applicable rules relating to telemarketing, email marketing, anti-spam, anti-phishing or personal data protection is prohibited.
Any use of the Services in violation of the rights of third parties is prohibited.
In the event of non-compliance with this narration, SEND MAILS NOW - INDIA reserves the right to immediately block the Users’ access to their Services and to remove all information from their account without notice and without refund or any other form of compensation.
SEND MAILS NOW - INDIA reserves the right to refuse or limit service to accounts not complying with its General Conditions of Use or with laws regulating communications companies, or accounts distributing unwanted communications.
The following topics are prohibited on the SEND MAILS NOW - INDIA platform:
Illegal Medicine / pharma products
Exchange of currencies, fraudulent shares and stock market transactions
Home job offers making “get rich fast” promises, financial packages and pyramid schemes
Sexually explicit pornography or e-commerce
Remedies for erectile problems
Lists of a political character (consular, government lists, etc.) containing addresses of individuals who have not given their explicit consent to receive communications from an identified advertiser. The fact that an email address was given to a Consulate or Embassy shall not be considered as proof of an undertaking to opt-in.
Initial Coin Offering (ICO)
Accounts with the following activities will only be validated under certain conditions:
Clairvoyance, fortune telling and astrology
Gambling and other money games
Communications to contacts acquired from social networks like LinkedIn
Responsibilities and guarantees of SEND MAILS NOW - INDIA
Any potential compensation due from SEND MAILS NOW - INDIA, to the User or to a third party, due to the liability of SEND MAILS NOW - INDIA, or its partners, in respect of the performance of stated conditions, shall not exceed the price paid by the User in return for the Service(s) giving rise to the said liability.
In no case shall SEND MAILS NOW - INDIA guarantee to the User the economic, image or information returns that the latter may expect from sending email(s) in the context of these conditions.
SEND MAILS NOW - INDIA does not systematically control the content of messages sent by the Users to their distribution lists, which remains the responsibility of the Users.
In no case can SEND MAILS NOW - INDIA be held responsible in any capacity whatsoever in relation to third parties for any damage resulting from the sending of email(s) on behalf of the Users.
Responsibilities and guarantees of the Users
The Users shall solely be responsible for the content of email(s) sent to their distribution lists in the context of the performance of these conditions.
The Users may be held liable for non-compliance with these General Conditions of Use, with SEND MAILS NOW's privacy and anti-spam policies or with any legal or regulatory provision or with a provision resulting from an applicable international agreement.
The Users guarantee SEND MAILS NOW - INDIA against any damage, any claim and any recourse of third parties resulting from a violation, by the Users, of the present General Conditions of Use, of the privacy and anti-spam policies of SEND MAILS NOW - INDIA or of any legal or regulatory provision, or a provision resulting from an applicable international agreement.
Changes to the use conditions, to SEND MAILS NOW - INDIA policies and to the offer / promotions
SEND MAILS NOW - INDIA may modify these General Conditions of Use, its anti-spam and privacy policies as well as its offer / promotions.
The Users will be informed of any changes by email or directly on their www.sendmailsnow.com account and invited to accept this change to continue using the SEND MAILS NOW Services.
SEND MAILS NOW's General Conditions of Use, anti-spam and privacy policies as well as its offer updated with the latest changes are available at any time on www.sendmailsnow.com
Duration – Termination
The present General Conditions of Use are in force for an indefinite period.
The registered Users may terminate their SEND MAILS NOW - INDIA account directly from www.sendmailsnow.com at any time.
In the event of termination by the Users, the sums paid in consideration of the SEND MAILS NOW - INDIA Services shall remain due to SEND MAILS NOW - INDIA even if the Users did not exhaust the acquired mailing quotas or subscribed package.
In the event of non-compliance by the Users with these General Conditions of Use, with SEND MAILS NOW's privacy and anti-spam policies or with any legal or regulatory provision or one resulting from an applicable international agreement, SEND MAILS NOW - INDIA reserves the right to terminate the Users’ account subject to 20 days’ notice.
The termination will occur without notice in the event of non-compliance with the article “Use of Services” of these conditions.
The Parties shall not be held liable if the non-performance or delay in the performance of one of their obligations described in these General Conditions of Use results from SEND MAILS NOW - INDIA
any external event which was impossible to prevent and which was unforeseeable as interpreted by the jurisprudence of the Indian courts, and which prevents one of the Parties from performing their obligations or makes the performance of the same excessively onerous.
Expressly, the following will be considered casesand without this list being restrictive:
wars, armed conflicts, riots, insurrections, sabotage, acts of terrorism,
general or partial strikes, internal or external to the company, affecting a supplier or a national operator, lockouts, blockades of transport facilities or procurement for any reason whatsoever,
natural disasters resulting in the destruction of infrastructure, such as fires, storms, floods, water damage,
governmental or legal restrictions, legal or regulatory changes to forms of marketing, cases involving the suspension, cancellation or revocation of any authorisation by any relevant competent authority,
interruptions of the network of SEND MAILS NOW - INDIA, its subcontractor or its supplier, as a result of computer breakdowns, blocking of telecommunications means, whether resulting from external attacks, interruptions to services by the access provider or other persons, and any other event not attributable to SEND MAILS NOW - INDIA, its subcontractor or its supplier, preventing the normal performance of the services rendered,
interruptions of the power supply of more than 48 hours.
Each party shall notify the other party by registered letter with acknowledgement of receipt of any force majeure event.
Protection of personal data concerning the User
SEND MAILS NOW - INDIA undertakes, as far as possible, to assist the User in fulfilling its own obligations. Thus, SEND MAILS NOW - INDIA shall:
take charge of the requests to unsubscribe from distribution lists on behalf of the User;
respond promptly to any request from the User concerning the personal data processed, in order to enable the User to take into account, within the time limits set, any potential requests from data subjects (right of access, right of rectification, right of destruction, etc.), and more generally to take into account the nature of the processing and help the User through appropriate technical and organisational measures to comply with their obligation to respond to requests submitted by the data subjects with a view to exercising their rights;
forward to the User, on receipt, requests from the data subjects to exercise their rights;
assist and collaborate with the User in order to guarantee compliance with its obligations, in accordance with the applicable regulations on the matter, and in particular help the User to ensure the security of personal data, to comply with its obligations in the event of a security breach and to assist the User in carrying out any measures necessary prior to processing, such as the implementation of an impact analysis.
e) Data access / deletion
At any time during the implementation of the General Conditions of Use, the User may access the personal data processed by SEND MAILS NOW or delete it directly from the Site using the export and integrated deletion features.
At the end of the contractual relationship, SEND MAILS NOW - INDIA undertakes, at the User’s request, to destroy all personal data, or to return it to the User or another data processor designated by them if technically feasible and within a maximum period of 3 months. The return must be accompanied by the destruction of existing copies in SEND MAILS NOW - INDIA information systems, unless any applicable law requires their retention. SEND MAILS NOW - INDIA undertakes to provide the User, on request, with proof of such destruction.
SEND MAILS NOW - INDIA undertakes to provide the User with all the information and documents necessary to demonstrate compliance with the obligations set out herein.
SEND MAILS NOW - INDIA authorises the User or any other external auditor not competing with SEND MAILS NOW - INDIA and mandated by the User to inspect and audit its personal data processing activities, and undertakes to accede to all reasonable requests made by the User to verify that SEND MAILS NOW - INDIA complies with the contractual obligations imposed by this Annex.
It is agreed that, subject to any requests from the regulators to this effect, such audits may take place no more than once (1) per contract year. In all cases, the User must give SEND MAILS NOW - INDIA a minimum notice of fifteen (15) days, and the audit must in no case disrupt the ongoing activities of SEND MAILS NOW - INDIA. The audit will be limited to the personal data processing activities performed by SEND MAILS NOW - INDIA on behalf of the User, and the User will not be able to access data concerning other SEND MAILS NOW - INDIA's customers.
SEND MAILS NOW - INDIA undertakes to communicate all supporting documentation proving the compliance of the processing with the User’s instructions, and that the appropriate security measures have indeed been put in place.
The User is informed, and expressly accepts, that SEND MAILS NOW - INDIA may have recourse to sub-processors within the context of the Services, who will have access/process the personal data entrusted by the User on their behalf.
The User is made aware that some of these sub-processors are located in other countries, including in the United States, and, as such, the User expressly authorises SEND MAILS NOW - INDIA to transfer personal data outside the European Union. SEND MAILS NOW - INDIA undertakes to put in place all the necessary guarantees in order to supervise these transfers in compliance with the applicable rules.
In the event of modification of the list of its sub-processors, SEND MAILS NOW - INDIA will notify the User by email or by notification through the customer account, and the User will have the possibility to cancel the subscription in the event of an objection. It is specified that this notification will include any information relating to possible transfers of personal data outside the European Union.
When SEND MAILS NOW - INDIA uses sub-processors to carry out specific processing activities on behalf of and on the instructions of the User, the same data protection obligations as those laid down in these GCU are imposed contractually on the sub-processors, in particular with regard to providing sufficient guarantees as to the implementation of the appropriate technical and organisational measures.
It is SEND MAILS NOW - INDIA responsibility to ensure that sub-processors provide sufficient guarantees to ensure that the processing meets the requirements. If the sub-processors do not fulfil their data protection obligations, it is recalled that SEND MAILS NOW - INDIA remains fully liable to the User for the performance by sub-processors of their obligations.
Transfers of personal data outside the EU for legal purposes
If SEND MAILS NOW - INDIA is required to make such transfers under the applicable law, it undertakes to immediately inform the User of this legal obligation before the processing, unless the applicable law prohibits such information for reasons of public interest.