The use of SMTPready services requires an online account to be set up.
The user is responsible for the accuracy of the information provided and undertakes to update all pertinent information or advise SMTPready immediately of any change to his/her situation.
The user will take all necessary steps to maintain the confidentiality of access to his/her account.
In the event of fraudulent use of his/her account, the user undertakes to immediately notify SMTPready and change his/her access password.
Any costs resulting from unauthorized use of the user's account will be at the user's expense until such time as SMTPready has been notified.
SMTPready will under no circumstances be responsible for any material or immaterial damage resulting from the use of an account by a third party, with or without the user's authorization.
SMTPready archives all messages sent and received via its platform. Distribution lists are maintained from the time the user opens and correctly updates his/her account. SMTPready protects the integrity, confidentiality and the administrative, material and technical security of all of the user's personal information.
Subscribing to SMTPready's services commits the user to paying the purchase price for the services selected in his/her country of residence.
Unless stipulated otherwise, the price of the services subscribed to will be paid at the time of subscription and in the currency in which they are invoiced.
Prices displayed on the website do not include charges and are exclusive of VAT. Additional charges shown on the invoice will be based on the user's country of residence and any applicable statutory or regulatory provisions.
The user's intellectual property rights
The user authorizes SMTPready to use his/her name, brand and visual identity solely for the purposes of carrying out its services.
The user guarantees SMTPready:
that he/she has the full power and authority to use and grant intellectual and industrial property rights and that these rights are in no way assigned, compromised, encumbered or attributed to a third party;
that he/she has not and will not, through assignment to a third party or any other means, undertake any action likely to compromise the use of intellectual or industrial property rights;
that he/she has not and will not introduce into his/her campaigns any sequence, reproduction or resemblance likely to violate third party rights;
that no litigation or lawsuit has been filed or is pending that would compromise intellectual property rights.
Moreover, the user undertakes to protect SMTPready from any complaint by a third party or any accusation made against it arising from the failure to abide by this article.
Protection of third party personal data
SMTPready has access to the information contained in the email distribution lists created by users of its services in their personal account, as well as to the subject line and content of emails addressed to distribution lists via SMTPready services.
This data is stored on secure servers and is subject to computer processing to provide the service subscribed to by the user and improve SMTPready's services.
With the user's authorization, the behavior of the recipients of these emails may be subject to analysis (tracking of an individual's open, click and bounce rates) to improve its email marketing campaigns.
SMTPready undertakes to neither transfer nor rent the data contained in the distribution lists created by users of its services.
The personal data contained in the distribution lists may only be disclosed to a third party in the following instances:
with the user's authorization and confirmation that the owner of this personal data has personally authorized its disclosure;
at the request of legally competent authorities, upon presentation of a court order or within the context of a legal dispute.
As the creator of the distribution list, the user is responsible for processing the personal data that appears on this list under the terms of the French Data Protection Act no. 78-17 of 6 January 1978, as amended by the Act of 6 August 2004.
The user guarantees SMTPready that he/she will respect the provisions of the French Data Protection Act no. 78-17 of 6 January 1978, as amended by the Act of 6 August 2004, and notably:
that the personal data contained in the transmitted file was collected and processed in accordance with the provisions of the aforementioned law;
if applicable, the collection and processing were authorized by the owner of the data;
that he/she will allow the owners of the processed data to exercise their individual right to access, amend, rectify or delete any of their personal information;
that he/she undertakes to ensure that this information is rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous or out-of-date, or if the owners wish to prohibit its collection or use, communication or retention.
SMTPready will destroy any file(s) containing the distribution list(s), as well as any media or copies made as part of the data processing and routing operations, after a maximum period of 30 days following the termination of the contractual relationship.
The user can retrieve his/her distribution lists at any time by clicking on the 'export button' from his/her SMTPready personal account.