I. General Conditions of Use
Purpose of EzPZ Email Service
EzPz Email services are designed to assist small businesses, and communities with sending marketing email content and promtional material to their contacts.
User account management
The use of EzPz Email services requires the creation of an online account.
The Users are responsible for the accuracy of the information they provide and undertake to update the information concerning them or to notify EzPz Emails without delay of any change affecting their situation.
The Users shall take all useful measures to maintain the confidentiality of access to their account.
In the event of fraudulent use of their account, the Users undertake to immediately notify EzPz Emails and change their access password without delay.
Any costs resulting from such unauthorised use shall be borne by the Users until EzPz Emails has been notified by them of such use.
EzPz Emails shall in no event be liable for material or immaterial damages resulting from the use of the account by a third party, with or without the Users’ permission.
EzPz Emails shall store messages sent through its platform on behalf of the Users. Distribution lists shall be maintained as long as the Users correctly set up and update their account. EzPz Emails shall protect the integrity, confidentiality and administrative, material and technical security of the Users’ personal information.
By subscribing to EzPz Email services, the Users agree to pay the price corresponding to the Services selected and to their country of residence.
Unless specifically otherwise stipulated, the prices of the Services subscribed shall be paid at the time of subscription and in the currency in which they were invoiced.
The prices displayed on the Site are exclusive of charges, and they do not include VAT. Additional charges shall be applied on the invoice according to the Users’ country of residence and applicable legal and regulatory provisions.
User’s intellectual property rights
The Users authorise EzPz Emails to use their name, brand and visual identity solely for the purpose of executing the Services.
The Users guarantee to EzPz Emails:
- That they have full power and authority to exploit and grant intellectual and industrial property rights and that these rights are in no way assigned, hypothecated, encumbered or in any way vested in a third party;
- That they have not and will not, by assignment to a third party or by any other means, do anything likely to compromise the use of intellectual and industrial property rights;
- That they have not nor will not introduce into their campaigns any sequence, reproduction or reminiscence likely to infringe on the rights of third parties;
- That no litigation or proceedings are pending or about to be brought in relation to the intellectual property rights.
In addition, the Users shall undertake to guarantee EzPz Emails against any claim by third parties as well as any penalty that EzPz Emails may find itself imposed against it resulting from any non-compliance with this article.
EzPz Email’s intellectual and industrial property rights
All programs, services, processes, designs, software, technologies, trademarks and trade names and inventions appearing on the Site, accessible via the Site or via the EzPz Emails services , are the property of EzPz Email’s or its licensors.
The Users shall undertake not to use, in any way whatsoever, the Site, the Services or any of the elements set out above for purposes other than those provided for herein.
Protection of the personal data of third parties
For the purposes of providing the Services, EzPz Emails has access to information contained in email distribution lists created by the Users via their personal account, as well as to the subject and content of emails sent to their distribution lists through the Services. This information contains personal data concerning third parties.
Responsibility of the Users in relation to personal data
As creators of the distribution lists, the Users are responsible for the processing of the personal data appearing in those lists within the meaning of the applicable regulations. As such, if the Users are domiciled in the European Union, or if their distribution lists contain personal data of citizens of the European Union, the User guarantees to EzPz Emails that they shall comply with the provisions of Regulation No. 2016/679 of 27 April 2016 (the “GDPR”) as well as those of Law No. 78-17 of 6 January 1978 Information Technology, Data Files and Civil Liberties, and in particular:
- That the personal data contained in the files transmitted have been collected and processed in compliance with the applicable regulations;
- That the Users have informed the data subjects in accordance with the applicable rules;
- Where appropriate, that the collection and processing have been consented to by the data subjects;
- That the data subjects shall be allowed to exercise their rights in accordance with the applicable rules;
- That the Users undertake that the information will be rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous or out of date, or if the data subject wishes to prohibit its collection, use, communication or storage.
It is specified that the Users are solely responsible for managing the retention periods of personal data that they upload onto the EzPz Emails platform, and that it is incumbent on them to delete the data as and when its retention period expires. EzPz Emails is responsible only for deleting this data at the end of its contractual relationship with the Users.
In addition, the Users shall undertake not to include in the distribution lists uploaded onto the EzPz Emails platform any personal data known as “sensitive” within the meaning of Article 9 of the GDPR, and in particular no health data, but also no data relating to criminal convictions and offences, any social security number, or any bank card number. EzPz Emails can in no way be held responsible for the presence of such personal data on its platform, and the consequences that could result therefrom. In the event of a violation of this clause, the User shall be solely responsible for any consequences, and undertakes to guarantee, and if necessary indemnify, EzPz Emails.
Conditions of the processing relationship
EzPz Emails acts as a data processor on behalf of the Users, and undertakes to respect the obligations described in the Annex “Agreement on the processing of personal data“.
In this context, it is specified that:
- The Users can retrieve their distribution lists at any time by clicking on the “export button” from their personal EzPz Emails account.
- Personal data contained in the distribution lists may only be disclosed to third parties in the following cases:
- With the authorization of the Users certifying that the data subject have themselves authorized this disclosure;
- At the request of the competent legal authorities, on judicial requisition, or in the context of a legal dispute.
Use of the data by EzPz Emails
The Users expressly accept that the behavior of the recipients of these emails may be processed by EzPz Emails (tracking opening rates, click rates and bounce rates at the individual level) to improve the efficiency of the emailing campaigns.
Limitation of Use of the Service
The User expressly understands and agrees that the Services are provided on an as-is-and-as-available basis with all faults and defects. EzPz Emails makes no warranties regarding the Service whatsoever, for itself and on behalf of its affiliates, licensors and service providers, other than the above and expressly disclaims any and all implied warranties, including any warranties of merchantability, fitness for a particular purpose, and non-infringement. EzPz Emails makes no representation of any kind that the services will meet the User’s requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, devices or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected. EzPz Emails makes no warranty that the Services will be uninterrupted, timely, secure, error free or virus free.
The use of the EzPz Emails services resulting from the subscription to the said services is strictly personal and may not be rented or transferred free of charge or for a fee to a third party. In the absence of prior authorization, the use of EzPz Emails is limited to only one account per User.
Any use of the Services that may damage, disable, or overload EzPz Emails infrastructure or networks connected to EzPz Emails servers, or interfere with the enjoyment of the Services by other Users, is prohibited.
Any attempt to access, without authorization, the Services, any other accounts, computer systems or other networks connected to a EzPz Emails server or any of the Services via hacking or any other method is prohibited.
The use of the Services for the purpose of selling products or services related to illegal or fraudulent activities.
Any use of the Services in violation of the rights of third parties is prohibited.
In the event of non-compliance with this article, EzPz Emails reserves the right to immediately block the Users’ access to their Services and to remove all information from their account without notice and without refund or any other form of compensation.
EzPz Emails reserves the right to refuse or limit service to accounts not complying with its General Conditions of Use or with laws regulating communications companies, or accounts distributing unwanted communications.
Responsibilities and guarantees of EzPz Emails
Any potential compensation due from EzPz Emails, to the User or to a third party, due to the liability of EzPz Emails, its subsidiaries or its partners, in respect of the performance of these conditions, shall not exceed the price paid by the User in return for the Service(s) giving rise to the said liability.
In no case shall EzPz Emails guarantee to the User the economic, image or information returns that the latter may expect from sending emails.
In no case can EzPz Emails be held responsible in any capacity whatsoever in relation to third parties for any damage resulting from the sending of emails on behalf of the Users.
Responsibilities and guarantees of the Users
The Users shall solely be responsible for the content of emails sent to their distribution lists in the context of the performance of these conditions. EzPz Email services ensures that all email communication is reviewed and approved prior to sending emails to the User’s distribution lists.
The Users may be held liable for non-compliance with these General Conditions of Use, with EzPz Emails privacy and anti-spam policies or with any legal or regulatory provision or with a provision resulting from an applicable international agreement.
The Users guarantee EzPz Emails against any damage, any claim and any recourse of third parties resulting from a violation, by the Users, of the present General Conditions of Use, of the privacy and anti-spam policies of EzPz Emails or of any legal or regulatory provision, or a provision resulting from an applicable international agreement.
Duration – Termination
The present General Conditions of Use are in force for an indefinite period.
The Users may terminate their EzPz Email’s account directly from the Site at any time, or by reaching out to EzPz Emails through the appropriate contact forms found on the Site.
In the event of termination by the Users, the sums paid in consideration of the EzPz Emails Services shall remain due to EzPz Emails even if the Users did not exhaust the acquired email campaigns allotted that month.
In the event of non-compliance by the Users with these General Conditions of Use, with EzPz Emails privacy and anti-spam policies or with any legal or regulatory provision or one resulting from an applicable international agreement, EzPz Emails reserves the right to terminate the Users’ account subject to 15 days’ notice.
The termination will occur without notice in the event of non-compliance with the article “Use of Services” of these conditions.
Confidentiality and security
EzPz Emails guarantees the confidentiality of personal data processed in connection with the Services. As such, it ensures (i) that personal data is communicated only to persons who need to know it, (ii) that these persons are aware of the User’s instructions and undertake to process the personal data entrusted to them only in strict compliance with the instructions and for no other purpose, (iii) that they are subject to an appropriate contractual or legal obligation of confidentiality, and (iv) that they receive the necessary training in the field of data protection.
Data access / deletion
At the end of the contractual relationship, EzPz Emails undertakes, at the User’s request, to destroy all personal data, or to return it to the User or another data processor designated by them if technically feasible and within a maximum period of 3 months. The return must be accompanied by the destruction of existing copies in EzPz Emails information systems, unless any applicable law requires their retention.