General conditions of use of BigMailer services
BigMailer , registered trademark owned by Registros en la Red, SL , aims to offer solutions for the sending of emails and transactional and marketing SMS through its website https://bigmailer.cloud (" the Website ") .
The special conditions that can be negotiated between BigMailer and the User will prevail over these General Conditions of use.
The terms used in this document are defined as follows:
"User" means any individual or legal entity that makes use of the BigMailer Services .
The "Services" provided by BigMailer are the functions that are made available to the Users through the Website, such as the sending of SMS messages, email messages, the presentation of reports or even the optimization of the delivery of messages. sent (the full list of functions is available at the following address https://bigmailer.cloud
The "treatment manager" is the company that processes the data at the request of a data controller. Therefore, BigMailer acts as the person in charge of the treatment in order to make its Services available to Users, who define the purpose and modality of the treatment. In the same way, BigMailer will be able to use other treatment managers (" sub - managers of the treatment") to process the data on their own.
"Data of the User" is understood as the data processed by BigMailer on behalf of the Users in the scope of the provision of the subscribed Services.
"Personal data" is any information relating to an identified or identifiable natural person.
It is understood by "Parties" BigMailer and the User.
1) Purpose of the BigMailer Services
BigMailer offers marketing and transactional email and SMS solutions through its shipping platform marketed through the Website.
2) Management of the User's Account
The use of BigMailer services requires the creation of an online account.
The User will be responsible for the veracity of the information provided and agrees to update the information or notify BigMailer immediately of any modification that affects their situation.
The User must take all necessary measures to maintain the confidentiality of access to his account.
In case of fraudulent use of your account, the User undertakes to notify BigMailer immediately and to modify their password as soon as possible.
Expenses resulting from unauthorized use will be borne by the User until he notifies BigMailer .
BigMailer does not assume any responsibility, under any circumstances, for the material or immaterial damages resulting from the use of the account by a third party, with or without the consent of the User.
BigMailer saves all messages sent and received through its platform on behalf of the User. The distribution lists are kept from the moment in which the User maintains and updates his account correctly. BigMailer protects the integrity, confidentiality and administrative, physical and technical security of the User's personal data.
3) Financial conditions
The subscription to BigMailer Services constitutes a commitment on the part of the User to pay the corresponding price for the selected services and in their country of residence.
Unless otherwise specified, the price of the subscribed Services will be paid at the time of subscription and in the currency in which they are invoiced.
The prices shown on the Website do not include additional costs or VAT. The additional expenses will be applied to the invoice depending on the country of residence of the User and the applicable legal and regulatory provisions.
4) Use of the Services
4.1 Compliance with applicable regulations
Both Parties declare that they respect the regulations applicable to their activity.
In general, the User guarantees that the information sent through the BigMailer Services does not infringe any legal, regulatory or resulting provision of an applicable international agreement and, in particular, any provision in force in Spain , in the State in which the User carries out his activity and in the State in which the persons included in the distribution lists reside, nor the rights of third parties.
E l sending emails and SMS to customers and prospects is subject to the applicable rules on data protection and EU Spain
4.1.1 Intellectual Property Rights of the User
The User authorizes BigMailer to use their name, brand and visual identity for the sole purpose of providing the Services.
The User guarantees BigMailer :
that has full powers and the ability to exercise and grant intellectual and industrial property rights and that these rights have not been in any way assigned, mortgaged, encumbered or assigned in any way to a third party
that it has not carried out or will carry out, through a transfer to a third party or by any other means, any act that could endanger the use of the rights of intellectual and industrial property
that you have not introduced or will introduce in your campaigns any sequence, reproduction or reminiscence that may violate the rights of third parties
that there is no litigation or process open or that is about to start related to intellectual property rights.
Likewise, the User undertakes to exempt BigMailer from any claim by third parties, as well as from any sentence pronounced against him derived from the breach of this article.
4.1.2 Intellectual and industrial property rights of BigMailer
All the programs, services, processes, designs, software, technologies, brands and trade names and inventions that appear on the Website, which can be accessed through the Website or the Services. of BigMailer , are owned by BigMailer or its licensors.
The User undertakes not to use in any way the Website, the Services or any of the elements listed above for purposes other than those provided herein.
4.2 Protection of personal data of third parties
In order to provide the Services, BigMailer will have access to the information included in the email distribution lists created by Users in their personal accounts, as well as the subject and content of the emails sent to their distribution lists to through the Services. This information contains personal data about third parties.
4.2.1 Responsibility of the User in matters of personal data
As the creator of the distribution list, the User will be responsible for the processing of the personal data that appear in this list by virtue of the applicable regulations. In this regard, if the User is in the European Union or if his distribution list contains personal data of European Union member citizens, the User will guarantee BigMailer that it respects the provisions of Regulation No. 2016/679 of 27 April 2016 (the "RGPD"), as well as those of Organic Law 15/1999, of December 13, on Protection of Personal Data.
and , in particular
that the personal data included in the transmitted file have been collected and processed in accordance with the applicable regulations;
that the User has informed the interested parties in accordance with the regulations;
if applicable, that the interested parties have given their consent to the collection and treatment;
that allows those interested to exercise their rights in accordance with the regulations;
that undertakes to have the data rectified, completed, clarified, updated or eliminated when they are inaccurate, erroneous, incomplete or outdated, or when the owners wish to prohibit its collection or use, communication or conservation.
It is specified that the User is solely responsible for managing the storage periods of the personal data that he / she downloads on the BigMailer platform and that he / she is responsible for deleting the data as the conservation period expires. It will be the exclusive responsibility of BigMailer to eliminate said data at the end of its contractual relationship with the User.
On the other hand, the User undertakes not to include in the distribution lists downloaded on the BigMailer platform any personal information of a "sensitive" nature within the meaning of article 9 of the RGPD and, in particular, no data on health, at as well as no data regarding criminal convictions and infractions, social security number or credit card number. BigMailer can not be held responsible in any case for the presence of such personal data on its platform, or the consequences that this may entail. In case of violation of this clause, the User will be solely responsible for any consequence and agrees to exempt from liability and, if applicable, to indemnify BigMailer .
4.2.2 Protection of the User's personal data
BigMailer has taken all necessary measures to safeguard the security of personal data and, in particular, prevent them from being deformed, damaged or unauthorized third parties having access to them.
The main measures taken are listed below:
antivirus of proven reputation and detection of intrusion attempts,
encrypted data transmission using SSL / https / VPN technology,
data centers with PCI DSS certification.
In addition, to access the treatment, the BigMailer Services require the authentication of the people who access the data through an individual access code and password that must be sufficiently secure and renewed periodically.
Data that is transferred through non-secure communication channels will be subject to technical measures that aim to make such data incomprehensible to any unauthorized person.
4.2.3 Terms of the subcontracting relationship
In this context, it is specified that:
The User may at any time retrieve their distribution lists by clicking on the "Export button" from their personal BigMailer account .
The disclosure to third parties of the personal data included in the distribution lists can only be done in the following cases:
with the authorization of the User in which he declares that the interested party has authorized said disclosure;
at the request of the competent authorities, by judicial request or in accordance with a judicial procedure.
4.2.4 Use of the data by BigMailer
With a view to its legitimate interests, and in particular in order to manage the risk and evaluate the quality of the distribution lists of the Users (and, for example, to avoid the risks of junk mail, identity theft or fraud), it is reported the User that BigMailer reserves the right to transmit the lists as well as its content to third-party suppliers established outside the European Union in charge of assigning a reliability rating. BigMailer will make all transmission of this data in accordance with the regulations.
Finally, the User expressly accepts that the behavior of the recipients of these emails may be subject to an analysis carried out by BigMailer (tracking of opening rates, click rates and bounce rates at the individual level) in order to Improve your email sending campaigns.
4.3 Prohibited uses
The use of the BigMailer Services derived from the subscription to said Services is strictly personal and can not be rented or assigned to a third party free of charge or for a third party. If you do not have prior authorization, the use of BigMailer will be limited to one account per User.
Any use of the Services that may damage, disable or overload the BigMailer infrastructure or the networks connected to the BigMailer servers , or even obstruct the use of the Services by other Users is prohibited .
Any attempt of unauthorized access to the Services, to other accounts, to computer systems or to other networks connected to a BigMailer server or to any of the Services through piracy or any other method is prohibited .
It is prohibited to use the Services in order to sell products or services related to illegal or fraudulent activities or to promote their activities and, in particular and only for illustrative purposes, the activities related to illegal drugs, pirate programs, instructions for the assembly or the creation of bombs, grenades or other weapons, materials that contain violence against children or that incite violence.
It is forbidden any use of the Services that is contrary to the applicable rules on telemarketing , email marketing, fight against spam, fight against identity theft or protection of personal data.
Any use of the Services that violates the rights of third parties is prohibited.
In case of non-compliance with this article, BigMailer reserves the right to immediately block the User's access to its Services and to eliminate all information from its account without prior notice and without the right to reimbursement or any other form of compensation.
BigMailer reserves the right to refuse or limit the service to those accounts that do not respect its General Conditions of Use, the laws relative to the communication companies or that send unwanted messages.
It is forbidden to use the BigMailer platform with the following purposes:
All kinds of illegal activity
Currency exchange, fraudulent actions and stock exchange arrangements
Offers of employment at home that make promises of the type "get rich quickly", financial arrangements and pyramid selling systems
Pornography or sexually explicit e-commerce
Remedies for erection problems
Political lists (consular, governmental lists, etc.) that contain addresses of individuals who have not given their explicit agreement to receive messages from an identified sender. The fact of providing an email address to a Consulate or to an Embassy does not provide evidence of the commitment materialized through the prior consent or " opt-in " regime .
The accounts that are dedicated to the following activities will only be validated if they meet certain conditions:
Clairvoyance and astrology
Betting and other money games
Messages to contacts acquired through social networks such as LinkedIn and Viadeo or other social networks
5) Responsibilities and guarantees
5.1 Responsibilities and guarantees of BigMailer
Except in cases of force majeure, BigMailer guarantees the User the correct performance of its services in accordance with these General Conditions of Use.
The possible compensation owed by BigMailer to the User or a third party arising from the commitment of the responsibility of BigMailer , its subsidiaries or its partners, within the framework of the execution of these conditions will not exceed the price paid by the User in consideration of the Service (s) that gave origin to said responsibility.
BigMailer will not guarantee in any case to the User economic, image or information benefits that this may expect by sending emails or SMS within the framework of these conditions.
BigMailer does not systematically control the content of the messages sent by the User to their distribution lists, this being the responsibility of the User.
BigMailer will not assume any liability to third parties for the harm derived from the sending of emails or SMS messages on behalf of the User, for whatever reason.
5.2 Responsibilities and guarantees of the User
The User is solely responsible for the content of the emails or SMS sent to their distribution lists in the context of the execution of these conditions.
The User may incur liability if he violates these General Conditions of Use, the privacy and anti-spam policies of BigMailer or any legal, regulatory or derivative provision of an applicable international agreement.
The User will exempt BigMailer from all damage, claims and recourse of third parties as a result of the User's breach of these General Conditions of Use, BigMailer's privacy and anti-spam policies or any legal provision, regulatory or derivative of an applicable international agreement.
BigMailer may modify these General Conditions of Use, its anti-spam and confidentiality policies, as well as its offer.
The User will receive notification of the changes made, either by email or directly through his account https : / / bigmailer.cloud , and will be asked to accept these changes in order to continue using the Services.
On the website https://bigmailer.cloud you can consult at any time the General Conditions of Use, the anti-spam and confidentiality policies, as well as the most recent BigMailer offer .
7) Validity - Termination
These General Conditions of use will be valid for an indeterminate period.
The User may at any time terminate his personal BigMailer account from the Website.
In case of termination by the User, the sums paid as counterpart of any of the BigMailer Services will continue to be owed to BigMailer , even if the User has not exhausted the purchased delivery fees.
In the event that the User fails to comply with these General Conditions of Use, BigMailer's privacy and anti-spam policy or any legal, regulatory or derivative provision of an applicable international agreement, BigMailer reserves the right to terminate your account of User through a 15-day advance notice.
The termination will occur without prior notice in case of non-compliance with the article "Use of the Services" of these Conditions.
8) Force majeure
The liability of the parties can not be applied if the breach or delay in the fulfillment of any of their obligations described in these General Conditions of use is due to a case of force majeure.
Force majeure means any external event, irresistible and unpredictable and according to the jurisprudential interpretation of the French courts, which prevents one of the parties from fulfilling its obligations or which makes compliance extremely costly.
Specifically, cases of force majeure, in addition to those generally observed by the jurisprudence of the French courts, shall be considered as purely enunciative:
wars, armed conflicts, riots, insurrections, sabotage, terrorist acts;
the total or partial strikes, internal or external to the company, of national suppliers or operators, the lockouts, the blockades of the means of transport or supply, for whatever reason;
natural disasters that cause the destruction of infrastructures, such as fires, storms, floods, water damage;
the governmental or legal restrictions, the legal or regulatory modifications of the forms of commercialization, the cases of suspension, cancellation or revocation of any authorization by any competent authority;
interruptions of the BigMailer network , of its processor or supplier that are caused by computer breakdowns, blocking of telecommunication means, either as a consequence of external attacks, of interruptions of the service of the access provider or of another type , and any other fact not attributable to BigMailer , to its processor or provider that prevents the normal performance of the services;
power cuts that exceed 48 hours.
Each party must notify the other party by registered letter with acknowledgment of receipt of the occurrence of any case of force majeure.
9) Protection of personal data relating to the User
10) Partial nullity of the CGU
The cancellation of any of the clauses of the General Conditions of use will not suppose the cancellation of all of them, provided, however, that the balance and the general structure of the agreement are conserved.
11) Applicable Law - Attribution of competence
The General Conditions of Use shall be governed by Spanish legislation
These general conditions are governed by legislation Spanish. They are competent to solve whole controversy or conflict that derives from the present general conditions the Courts of Barcelona resigning expressly the USER to any other jurisdiction that may reciprocate.