TERMS AND CONDICTIONS
The Terms and Conditions of use are intended to define the modalities of use of the emBlue Services. They constitute a legal and binding agreement between emBlue and any user of the platform www.embluemail.com (“the User”). By subscribing or using the Services, the User declares to have read and accepted without reservation the version of the Terms and Conditions of current use.
Basic Requirements for creating an emBlue account
- To use emBlue it is necessary to be at least 18 years of age.
- Provide true, accurate, current and complete information according to the information requested in the registration form.
- Each administrator user represents and guarantees that he has the ability to use the name of the organization by which he will send the campaigns and will use his website as the one of his products or services. As well as it will be responsible for maintaining the security of your account, passwords and access to it. You need to notify us immediately of any unauthorized access to your accounts. We are not responsible for any loss of data, due to stolen or hacked passwords. We do not have access to your current password since it is encrypted in only one way, and for security reasons, we can only reset your password.
- When creating an account in emBlue, the user responsible for the account is subscribed to receive updates on all the news related to good practices of Email Marketing and promotions of emBlue, being able to confirm your subscription or unlink from the list whenever you want.
emBlue may refuse to provide the service, close accounts of any user for misuse or for breach of our Anti-Spam or Prohibited Content Policies. emBlue may change its terms and conditions at any time
emBlue respects and is aligned under the regulation of compliance with the 8 rights established by the RGPD :
- Right to be informed: Provides transparency on how your personal data is used.
- Right to access: Provide access to your data, how it is used, and any supplementary information that may be used together with your data.
- Right to rectification: It grants the right to have your personal data rectified in case of being incorrect or incomplete.
- Right to be erased (or right to be forgotten): It is the right for your personal data to be removed from any place if there is no convincing reason for it to be stored.
- Right to restrict processing: Allows your data to be stored, but not processed. For example, you can resort to this right if you feel that erroneous data about you is stored waiting to be rectified.
- Right to data portability: You can request copies of information stored about you, to be used elsewhere. Such is the case if applied to financial products between different entities.
- Right to object: Grant the right to object about the processing of your data. An example might be the objection that your data is used by direct marketing organizations.
- Right to make decisions and create automatic profiles: Allows you to object to making automatic decisions about your personal data. “Automatic” refers to without human intervention. For example, the definition of certain online shopping habits, based on previous behaviors.
emBlue does not share customer information in any way, the company does not rent or sell personal data to third parties.
The main objective of emBlue is to collect information is to offer a friendly, personalized and efficient experience.
emBlue collects identification information when a FREE account is registered or when the service is consulted. For example, new users are asked to provide the following information: their name, company name, address, telephone number and email address. As for the billing information, information such as the name and billing address, credit card number, and the identity of the users within the organization that will use the service are requested.
In order to provide the Services, emBlue will have access to the information included in the email distribution lists created by the 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.
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 citizens of the European Union, the User will guarantee emBlue that it respects the provisions of Regulation No. 2016/679 of 27 April 2016 (the “RGPD”), as well as those of Law No. 78-17 of January 6, 1978 relating to information technology, archives and freedoms and, in particular:
- that the personal data included has 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 in the emBlue platform and that he / she must delete the data as it expires. It will be the exclusive responsibility of emBlue 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 emBlue platform any personal data of a “sensitive” nature within the meaning of article 9 of the RGPD and, in particular, no health data, as well as no data regarding criminal convictions and infractions, social security number or credit card number. emBlue can not be held responsible in any case for the presence of such personal data on its platform, nor for 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 emBlue.
All emBlue users can review their privacy options and exercise their personal data security rights as follows:
EmBlue customers can access their personal information from Settings- My Preferences, as well as view and update it. Likewise, when a Subscriber receives a Campaign from emBlue he can see the link “Update my data” and enter to modify any information related to his subscription.
From emBlue, all users and Subscribers will be confirmed through the request via email of explicit consent to continue sending emails to European citizens.
The registration forms of emBlue will have Check boxes of consent and a link to the Privacy Policies and the express manifestation of the use that will be given to said data.
We are committed to providing clear, easy access and complete information to our users and Subscribers about how emBlue manages the personal information of its users and what are the rights and responsibilities that it has over them.
Any user can review, correct, update, delete, modify or oppose the use or processing of personal information you have provided you can do so through the following email: email@example.com
Likewise, if you are a User of the emBlue Services, you have the possibility to update your profile, privacy options and your personal information at any time by accessing Contact, in the section: My Preferences. If you are a Subscriber, you must send us an email to firstname.lastname@example.org
If you have privacy problems in relation to access or correction of personal information, you can contact us by writing to the following address email@example.com
Proper use of emBlue account
When you create and use an emBlue account, you agree to comply with the following rules:
- Collect contact data under the consent of the same and respecting the security regulations of each country where it is being marketed.
- Do not send spam or spam, that is, send emails in bulk to people without their permission.
- Do not use purchased, rented databases or third-party mailing lists.
- Do not send Prohibited Content
If any of these rules are violated, we will proceed to suspend or cancel the account, without prior notice or further notice.
Do not use emBlue to send offensive email, to promote something illegal, to harass people, to send viruses or malicious content.
You can not send emails with pornography content, emails that offer to sell illegal goods or services, loans, credits or emails that violate the CAN-SPAM laws. In the same way, we do not allow appointments or the sending of online surveys in exchange for money or any content that emBlue interprets as inappropriate. If you do not comply with this policy, we may suspend or cancel your account without any possibility of justification.
Data of the responsible
Commercial name: emBlue Marketing Cloud
Fiscal name: Nuage System
Address: Olazábal 1515 – Piso:12
Phone: +54 11 4136 3500