General Conditions of Use

Preamble

Aftersend Limited with its registered office 4 Oxford Court, Manchester M2 3WQ. UK. (hereafter “Aftersend) operates a solution relating to transactional email information via its website www.Aftersend.com (“the Site“), and its add in application for Microsoft Outlook (“The App”)

The purpose of these General Conditions of Use is to define the terms of use of Aftersend Services. They constitute a legal and binding agreement between Aftersend and any user of the www.aftersend.com platform (the “User”).

To access, browse, or use our Services, the User must agree to be unconditionally bound by these Terms. The User can accept the Terms by clicking to accept or by agreeing to the Terms where this option is made available in any agreement, electronic form, or the user interface for any Service Aftersend offers, or by actually using the Services. By subscribing to or using the Site, the Platform or the Services, the User will be deemed to have read and accepted without reservation the current version of these General Terms of Use and the User represents and warrants that its representative is at least 18 years of age and that this representative possess the legal right and ability to enter into these Terms of Use. As the Users are accessing the Services on behalf of a legal entity, the User represents and warrant that its representative is authorized to act on behalf of the legal entity and to bind such legal entity to these Terms of Use. The User warrants that the organization the User represents is not be based in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo or international sanction and that it is not listed on any U.S. government list of prohibited or restricted person.

Any special conditions potentially negotiated between Aftersend and the User shall prevail over these General Conditions of Use.

The terms used in this document are defined as follows:

• The “User” means any natural or legal person authorized to use the Aftersend Services

• The “Services” provided by Aftersend are the features made available to Users via the Site, in accordance with the applicable Version of the Software, such as sending SMSs and emails, providing reports or optimising the deliverability of messages sent (the complete list of features is available at the following address: https://

• The “data processor” is the company that performs data processing at the request of a data controller. Thus, Aftersend acts as a data processor to make its Services available to Users, who define the purpose and the means of the processing. Aftersend may also use secondary processors (“sub-processors”) to carry out data processing on its behalf

• The “User’s data” is understood as data processed by Aftersend on behalf of the Users within the framework of the performance of the Services subscribed

• “Personal data” means information relating to an identified or identifiable natural person

• “Software” shall mean the suite of software owned and/or operated by Aftersend or its affiliates and/or delivered under the business name Aftersend and necessary to provide the Services

• “Version”: shall mean all the releases of the Software developed by Aftersend. All releases shall apply to the User as part of Aftersend’s standard software and Services. A release may create, modify or discontinue one or several feature(s) of the Service

• The “Parties” shall mean Aftersend and the User

1) Purpose of Aftersend Services

Aftersend provides solutions relating to transactional email information, through its application platform, reached via the Site or the App.

2) User account management

The use of Aftersend 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 Aftersend 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 Aftersend and change their access password without delay.

Any costs resulting from such unauthorised use shall be borne by the Users until Aftersend has been notified by them of such use.

Aftersend 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.

Aftersend shall store meta data about messages sent ingested by its platform on behalf of the Users. Aftersend shall protect the integrity, confidentiality and administrative, material and technical security of the Users’ personal information.

3) Financial conditions

By subscribing to Aftersend 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 tax or VAT. Additional charges shall be applied on the invoice according to the Users’ country of residence and applicable legal and regulatory provisions. If the User’s organization subjects invoicing and/or payment to the creation or update by Aftersend of an account on a specific invoicing platform, and/or if the User’s orgnisation only accepts payment via wire transfer, Aftersend reserves the right to charge an annual additional fee of 100 Great British Pounds

4) Use of the Services

4.1 Compliance with applicable regulations Each Party declares that it shall respect the regulations applicable to its activity.

In general terms, the Users shall guarantee that the information ingested by the Aftersend Services does not contravene any legal or regulatory provision or a provision resulting from an international agreement applicable to them and in particular the provisions in force in the United Kingdom, the EU, United State in which the User carries out their activity and in the location which the persons receiving emails from the user, nor the rights of third parties.

The sending of email to customers and prospects is subject to the applicable data protection and digital marketing laws and regulations, in particular, without this list being exhaustive:

In the United Kingdom: The Privacy and Electronic Communications (EC Directive) Regulations 2003. The United Kingdom and EU Regulation 2016/679 GDPR (General Data Protection Regulation). User’s intellectual property rights – The Users authorise Aftersend to use their name, brand and visual identity solely for the purpose of executing the Services.

United States: Telemarketing Sales Rule, Federal Telephone Consumer Protection Act, Can-Spam-Act.

In France: Articles L.34-5 of the French Post and Electronic Communications Code (Code des postes et des communications électroniques) and section L.122-8, L122-9 and L122-10 of the French Consumer code.

In Italy: Italian Code on Data Protection (Codice in materia di protezione dei dati personali).

In Spain: Law 34/2002, of 11 July 2002, on company information services and electronic commerce (Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico) and Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales.

The Users guarantee to Aftersend:

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 Aftersend against any claim by third parties as well as any penalty that Aftersend may find itself imposed against it resulting from any non-compliance with this article.

4.1.2 Aftersend’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 Aftersend Services , are the property of Aftersend 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.

4.2 Protection of the personal data of third parties

For the purposes of providing the Services, Aftersend has access to information contained in emails created by the Users via their personal account, as well as to the subject and content of emails sent to their recipient via the Services. This information contains personal data concerning third parties.

4.2.1 Responsibility of the Users in relation to personal data

As creators of the emails, the Users are responsible for the processing of the personal data appearing in those emails within the meaning of the applicable regulations. As such, if the Users are domiciled in the European Union, or if their emails contain personal data of citizens of the European Union, the User guarantees to Aftersend 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 is recorded in the Aftersend platform, and that it is incumbent on them to delete the data as and when its retention period expires. Aftersend is responsible only for deleting this data at the end of its contractual relationship with the Users.

In addition, the Users shall undertake to use the Aftersend platform with 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. Aftersend 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, Aftersend.

4.2.2 Protection of the User’s personal data

Aftersend has taken all the necessary precautions to preserve the security of personal data and, in particular, to prevent it from being distorted or damaged or from unauthorised third parties having access to it.

These measures include the following:

• Multi-level firewall
• Proven anti-virus and detection of intrusion attempts
• Encrypted data transmission using SSL/https/VPN technology
• Tier 3 and PCI DSS certified data centres

In addition, access to processing by Aftersend Services requires authentication of the persons accessing the data, by means of an individual access code and password, sufficiently robust and regularly renewed.

Data transmitted over unsecured communication channels shall be subject to technical measures designed to make such data incomprehensible to any unauthorised person.

4.2.3 Conditions of the processing relationship

Aftersend 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 details of the information help in the Aftersend platform at any time by clicking on the “export button” from their personal Aftersend 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

4.2.4 Use of the data by Aftersend

To enable Aftersend to anticipate and avoid the risks of spam, phishing or fraud on its platform, the Users are informed that Aftersend reserves the right to transmit information related to the User’s representative to third party providers domiciled outside the European Union, for the purpose of establishing a reliability score. Any transmission of this data will be carried out by Aftersend in compliance with applicable laws and EU guidelines.

Finally, the Users expressly accept that the behaviour of the recipients of these emails may be processed by Aftersend (tracking opening rates, click rates and bounce rates at the individual level) for the purposes of the applications use.