The terms and conditions of use are meant to define the ways of using emBlue services. They constitute a legal and binding agreement between emBlue and every user (‘the User’) of the www.embluemail.com platform. By subscribing or utilising the Services, the User declares having read and agreed with no reservations the current version of the Terms and Conditions.
In order to utilize emBlue, it is necessary to be at least 18 years old and to provide real, precise, current and complete information according to every piece of data that has been required in the registration form.
Each administrator represents and guarantees that he/she has the ability to utilize the name of the organization through which he/she will send campaigns and use their website, products and services. Moreover, the administrator will be responsible for keeping his/her account, passwords and accesses to it safe. It is necessary to notify us immediately of any unauthorized access to any of your accounts. We are not responsible for data loss due to stolen or leaked passwords.
We do not have access to your current password because it is encrypted in just one way and so, for safety reasons, we can only reset it.
By creating an account on emBlue, the user responsible for the account will receive updates about all the news related to the good email marketing practises and emBlue offers, being able to confirm the subscription or leave the list whenever he/she wants to.
emBlue can refuse to provide its service, close any user account for inappropriate use of it or for failure to fulfil our anti-spam or forbidden content policies. emBlue can change its terms and conditions at any moment.
emBlue respects and abides by the 8 rights established by the GDPR (General Data Protection Regulation), which are the following:
Right to be informed: it provides transparency in how your personal data is used.
Right of access: it provides access to your data, to the way it is being used and to any additional information that may be utilized with your data.
Right of rectification: it entitles you to have personal data rectified if it is inaccurate or incomplete.
Right to erasure (or right to be forgotten): it is the right to have your personal data removed from anywhere if there is no convincing reason to keep it archived.
Right to restrict processing: it allows your data to be archived, but not processed. For example, you can make use of this right if you feel that wrong data about yourself is being archived, so as to be rectified.
Right to data portability: you can request copies of your archived personal data, so as to use them everywhere you want. That would be for financial products among different entities.
Right to object: it provides the right to object to your personal data being processed. For example, you could object to your personal data being used by direct marketing organizations.
Right of automated decision-making and profiling: it allows you to object to automated decision-making regarding your personal data. ‘Automated’ means without human intervention, such us defining certain online shopping habits taking into account previous actions.
Under no circumstances does emBlue share its customer information. The company does not lease nor sell personal date to other people.
emBlue’s main goal is to collect information, so as to offer a kind, customized and efficient experience.
emBlue collects personal identity information when a new FREE account is activated or when someone consults about the service. For example, new users are requested for giving this information about themselves: name, company name, address, telephone number and email address. Regarding billing information, data, such as billing name and address, credit card number and user identity at the organization that will use this service, is requested.
In order to provide its Service, emBlue will have access to every piece of information included in the email distribution lists created by the users in their personal accounts, to the subject and to the email content sent to their distribution lists through its Services. This information has personal data about third parties.
As creator of the distribution list, the User will be responsible for processing all personal data that appears in that list according to the enforceable regulations. On this matter, if the User lives in the European Union or if their list has personal data of European Union citizens, the User will guarantee emBlue that he/she abides by the requirements of the Regulation no. 2016/679 of April 27th 2016 (‘GDPR’), as well as by the Law no. 78-17 of January 6th 1978 regarding information technology, files, liberties and in particular:
That included personal data has been collected and treated in accordance with the enforceable regulation;
that the User has informed the interested parties based on the regulations;
if it proceeds, that interested parties have given their consent to data compilation and processing;
that third parties are allowed to exercise their rights according to the regulation;
that the User is committed to rectify, complete, clarify, update or eliminate data when it is inaccurate, wrong, incomplete or out of date, or when the owner wants to prohibit its compilation or use, communication or storage.
It is specified that only the User is responsible for managing personal data storage periods that are downloaded from emBlue platform and that the User must delete data when its storage period comes to an end. It will be emBlue’s solely responsibility to delete that data when the contractual relationship with the User finishes.
The User is committed not to include in the downloaded distribution lists from emBlue platform any personal data that could be considered ‘sensitive’, according to article 9 from the GDPR, and, in particular, any data related to health, criminal convictions, infringements, social security number and credit card number. Under any circumstances, emBlue cannot be considered responsible if any of the previous ones appear on its platform and cannot be punished for it. If this clause is violated, the User will be the only responsible person, will be punished, will have to commit themselves not to make emBlue responsible and, if it proceeds, will have to compensate emBlue.
All emBlue users can examine their privacy options and exercise their personal data protection rights like this:
emBlue customers can access, visualize as well as update their personal data by clicking on Settings-My Preferences. Additionally, when a Subscriber receives a Campaign from emBlue, he/she can see the link ‘Update my data’, access it and modify any piece of data related to his/her subscription.
emBlue will re confirm all its users and subscribers explicitly by sending a consent email, so as to continue sending emails to European citizens.
We are committed to provide clear, accessible and complete information to our users and subscribers concerning emBlue user personal data management and its rights and responsibilities regarding them.
Every user can review, edit, update, delete, modify their personal data or oppose themselves to the use or processing of their personal data given to emBlue. You can do that sending an email to this address: [email protected]
Also, if you are a User of emBlue Services, you can update your profile, the privacy options and your personal information whenever you want to by clicking on ‘Contact’ in ‘My preferences’ section. If you are a Subscriber, you will have to send us an email to [email protected].
If you have privacy issues and cannot access or edit your personal data, you can get in touch with us by writing an email to the following address: [email protected]
By creating and utilising an emBlue account you commit yourself to abide by the following rules:
Collect contact data with the contacts consent and abide by the protection regulations of each country in which you are doing business.
You cannot send unsolicited emails or spams. That is to say, you cannot send emails massively to people without their consent.
You cannot utilize purchased and rented databases or third party mailing lists.
You cannot send forbidden content.
If any of these rules are broken, we will suspend or cancel the account without any previous or posterior warning.
You cannot use emBlue to send offensive emails, to advertise illegal activities, to stalk people, to send viruses or malicious content.
You cannot send pornographic emails, emails that advertise illegal goods or services, loans, credits and emails that break the CAN-SPAM law. Also, we do not allow you to arrange appointments by email or to send online surveys in exchange for money or any other content that emBlue does not consider appropriate. If you do not abide by this policy, we can suspend or cancel your account without any justification.
Commercial name: emBlue Marketing Cloud
Fiscal name: Nuage System
Address: Olazábal 1515 – Storey:12
Telephone: +54 11 4136 3500
Email: [email protected]
If you want to report abusive emails, please, contact us through [email protected] that our assistance team will solve the case as soon as possible. It is very useful for us to understand and solve this issue.