Use of services
Compliance with applicable regulations
Each party declares that it will comply with the regulations applicable to its activities.
In general terms, the user guarantees that the information sent via SendinBlue's services does not contravene any applicable statutory or regulatory provisions or the provisions of any international agreement, particularly those in force in France, in the country in which the user operates and in the country of residence of the people on the distribution lists, or the rights of any third party.
For information purposes only and without this list being exhaustive, the sending of emails and SMS to customers is subject to the following rules:
- United States: Telemarketing Sales Rule, Federal Telephone Consumer Protection Act, Can-Spam-Act.
- In France: articles L.34-5 of the Postal and Electronic Communications Code and L.21-34-1-1 of the Consumer Code.
- In Italy: Codice in Materia di Protezione dei Dati Personali
- In Spain: the Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico and the Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal.
- In the United Kingdom: The Privacy and Electronic Communications (EC Directive) Regulations 2003.
The user's intellectual property rights
The user authorizes SendinBlue to use his/her name, brand and visual identity solely for the purposes of carrying out its services.
The user guarantees SendinBlue:
- 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 SendinBlue from any complaint by a third party or any accusation made against it arising from the failure to abide by this article.
SendinBlue's intellectual and industrial property rights
All programs, services, processes, designs, software, technology, brands and trademarks, and inventions that appear on the website, are accessible via the website or via SendinBlue's services are the property of SendinBlue or its licensors.
The user undertakes not to use, in any way, shape or form, the website, services or any of the above-mentioned items for purposes other than those foreseen in the present document.
Protection of third party personal data
SendinBlue 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 SendinBlue 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 SendinBlue'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.
SendinBlue 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 SendinBlue 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.
SendinBlue 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 SendinBlue personal account.
The use of SendinBlue's services by subscribers to these services is strictly personal and may not be rented out or transferred to a third party free of charge or for a fee. Except where pre-authorized by SendinBlue, only one account may be created per subscriber.
Any use of services that is liable to damage, disable or overload SendinBlue's infrastructure or the networks connected to SendinBlue servers, or hamper the use of the service for other users, is prohibited.
Any unauthorized attempt to access services, other accounts, IT systems or other networks connected to a SendinBlue server or one of its services by hacking or any other means is prohibited.
The use of services with the aim of selling products or services related to illegal or fraudulent activities or encouraging such activities, in particular but not limited to illegal drug-related activities, hacker programs, instructions for assembling or creating bombs, grenades or other weapons, material containing violence against children or encouraging violence is prohibited.
Any use of services that contravene the regulations applicable to telemarketing, email marketing, anti-spam, anti-phishing and personal data protection is prohibited.
Any use of services that violates third party rights is prohibited.
In the event of non-compliance with this article, SendinBlue reserves the right to immediately block the user from accessing its services and delete all of the information in his/her account without notice, refund, or other compensation.
SendinBlue reserves the right to decline or limit service to any account that does not respect our policies, legislation governing business communications, or distributes unsolicited communications.
The following subject matter is prohibited on the SendinBlue platform:
- All illegal activities
- Weight loss
- Forex, penny stocks and trading schemes
- Work from home, pyramid and other financial schemes
- Pornography or sexually explicit ecommerce
- Erectile dysfunction remedies
- Soliciting employment
- Political lists (consular, governmental, etc.) containing addresses of individuals who have not given their explicit consent to receive communications from an identified advertiser. Giving an e-mail address to a Consulate or an Embassy does not provide proof of commitment as does the opt-in.
Accounts related to the following activities may only be validated under specific circumstances:
- Clairvoyance and astrology
- Gaming, Gambling and lottery
- Dating services
- Communications to contacts harvested from social networking sites, such as LinkedIn and Viadeo