Terms of use

Updated October 16, 2018

The parts:

BALDER INTELLIGENCE SERVICES IN MARKETING DIGITAL LTDA, a limited company under the name of SAFETYMAILS, headquartered at Avenida José Silva de Azevedo Neto, nº200, block 5, sala 424, CEP 22.775-056, Barra da Tijuca, City of Rio de Janeiro (CNPJ) under No. 22.527.773 / 0001-63, herein represented by its legal representatives, hereinafter referred to as SAFETYMAILS

and on the other side,

the CLIENT, an individual or legal entity identified by registration at the electronic address "https://panel.safetymails.com/", represented by a person duly authorized by its legal representatives,

considering:

  • I that the CLIENT, in the figure of his legal representative, is at least 18 years of age;
  • II that the CLIENT needs specialized services in the area of data processing and similar for validation, verification and hygienization of databases of email addresses;
  • III that the CLIENT adheres, unrestricted and automatically, to all the terms contained in this document to obtain permission for provided use by the CONTRACTOR, at the time of confirmation of its registration, held on the SAFETYMAILS website;
  • IV By registering, the user states that the information provided is true, under the penalties of the law.
  • V that the CLIENT adheres automatically and unrestrictedly to the SAFETYMAILS Data Protection Policies, Privacy Policies, Anti-Spam Policies and Non-Disclosure Assignment (NDA), available on the SAFETYMAILS website at the following links:
  • VI that the CLIENT DECLARES to be in accordance with data protection laws (GDPR and LGPD), that its data has been obtained legally and with informed and unequivocal consent of the holder;
  • VII that SAFETYMAILS has a structure and specialized technical personnel, capable of providing the services required by the CONTRACTING PARTY.

 

CLAUSE ONE - DEFINITIONS

1.1 In order for the provisions of this document to remain clear and transparent, we present the definitions of terms that will be cited throughout this text:

  • a) Email : electronic mailing address
  • b) Email Marketing : messages of electronic mail (email) sent for commercial purposes based on the CAPEM rules and the Can-Spam Act of 2003;
  • c) CAPEM : Brazilian Code of Self-Regulation for the Practice of Email Marketing (http://www.capem.org.br/)
  • d) Can-Spam Act of 2003​: Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (Pub.L. 108–187 - https://www.fcc.gov/general/can-spam) -American law against spam;
  • e) GDPR​: General Data Protection Regulation (Regulation (EU) 2016/679 - (https://www.eugdpr.org/) - European Data Protection Act;
  • f) Brazilian Civil Rights Framework for the Internet: Brazilian Law No. 12,965 of April 23, 2014, which describes how organizations should collect, handle and store personal information(http://www.planalto.gov.br/ccivil_03/_Ato2011-2014/2014/Lei/L12965.htm)
  • g) LGPD - General Law on Data Protection : Law No. 13,709 of August 14, 2018, which provides for data protection and makes changes in the Brazilian Civil Rights Framework for the Internet (http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/Lei/L13709.htm);
  • h) SPAM : messages of electronic mailing (email) sent without the prior consent of the recipient;
  • i) Database : repository of customer information, especially emails, which may contain other information such as name, age, address, among others, allowing identification and voluntarily and expressly granted by its owner for the purpose of receiving information, advertising and/or the fulfillment of contracts and execution of services;
  • j) Personal data : according to the GDPR, is any information related to a person, who can identify it directly or indirectly, such as name, location, online identifier, among others (GDPR Art. 4 , item 1)
  • k) Anonymised data : personal information collected on the market that is not subject to data protection laws because they do not identify or can not be identified;
  • l) Data Controller : person or company that has control over personal data that will be processed by SAFETYMAILS services. The Data Controller becomes a CLIENT when creating an account on the SAFETYMAILS website (GDPR Art. 4, item 7)
  • m) Data Processor SAFETYMAILS is the personal data processor that works on behalf of the Data Controller to perform a set of operations, automatic or not, such as collection of records, structuring, storage, adaptation, alteration, consultation, transmission, among others (GDPR Art. 4, items 2 and 8). In this case, it is SAFETYMAILS, only in the scope of its service purpose and nothing more.
  • n) SafetyMails : validation, verification and hygienization of e-mail address bases through a web environment, with its reports, functionalities, texts, source codes and methods;
  • o) Interface : is the grouping of a set of texts, images, links, and navigation devices, under the same URL or its variants, in the Internet environment;
  • p) Email Validation : process of individually reading the existing email addresses in a database for technical inconsistencies that can cause failures in their correct functioning, according to the parameters of the RFC 822 and RFC 5321 ("ARPA Internet text messages, 1982" and all documents that may complement or replace them), but not only these, and it is up to SAFETYMAILS to decide other rules to adopt;
  • q) E-mail Verification : Checking the existence of valid email addresses for later communication, using existing databases and other technical and legally possible forms with the email providers;
  • r) Hygienization of Email Bases : correction of previously identified errors in email domains, filtering of email records that are considered harmful or disposable by emails;
  • s) Validation Credits : credits for validation of email bases loaded into the SAFETYMAILS system;
  • t) Consultation Credits : unique credits for individual email consultation made through the Safety Optin service (API);

 

SECOND CLAUSE - CONDITIONS OF USE

2.1 SAFETYMAILS (Data Processor) offers the CLIENT (Data Controller), provided that all costs of using the service have been duly paid and approved by the banking and financial system, non-exclusive and non-transferable remote access to the SAFETYMAILS interface for processing activities of your CLIENT's email bases, as long as your purposes does not violate the privacy policies , data protection policies , antispam policies and SAFETYMAILS Non-Disclosure Assignment or any other individual civil rights guaranteed by law, regulations or Good habits;

2.2 The CLIENT states that it is a legitimate holder of the processed data and has an informed and unequivocal consent to have this information and that it understands that the processing of emails in this system is allowed, provided that the processing attentive to one or more of the following purposes:

  • a) are required to execute a contract or service intended for its own customers (GDPR Art 6, item 1B / LGPD, Chapter II, Section I, Art. 7, Items V and IX); and
  • b) are required for credit protection (LGPD, Chapter II, Section I, Article 7, Item X); or
  • c) are necessary to protect the interests of its own customers or other natural persons (GDPR Art 6, item 1D); and
  • d) don't violate fundamental rights of the person, especially in the case of minors (GDPR, Art 6, Item 1F / LGPD, Chapter II, Section I, Article 7, Item IX);

2.3 The email address is considered personal data, since it digitally identifies a natural person and is therefore treated as a data protected by privacy;

2.4 This access doesn't give the CLIENT any ownership rights over the interface source codes or any other aspects directly or indirectly linked to SAFETYMAILS and the SAFETYMAILS service.

 

THIRD CLAUSE - SECRECY OF INFORMATION

3.1 Ambas as partes destes termos aderem, de maneira total e irrestrita, às condições de sigilo, confidencialidade e proteção de dados, integrantes dos documentos “Termo de Sigilo e Confidencialidade”, disponível em https://www.safetymails.com/NonDisclosureAgreement, “Política de Proteção de Dados”, disponível em https://www.safetymails.com/DataProtectionPolicy, e “Política de Privacidade”, disponível em https://www.safetymails.com/PrivacyPolicy, sendo todos estes documentos partes integrante deste termo;

3.2 In terms of the confidentiality of the bank information regarding Credit Cards and Bank Tickets, SAFETYMAILS informs that it doesn't hold such information, and the CUSTOMER is aware that this information may be stored in the payment gateway used by the third party contracted for this purpose , which guarantees the protection of the information in its own documents;

3.2.1 The companies responsible for Gateway Payment are:

  • a. Pagar.me Pagamentos S/A, CNPJ 18.727.053/0001-74, for Bank slips and credit cards in general; and
  • b. Paypal do Brasil Serviços de Pagamentos Ltda, CNPJ 10.878.448/0001-66,for payments via Paypal.

 

CLAUSE FOUR - BASIC AND OPTIONAL SERVICES

4.1 The basic services offered by SAFETYMAILS to the CUSTOMER are the validation of emails, e-mail verification, hygienization of databases, filtering/exporting of information based on results-based emails and informative reports of the consultations carried out, according to the definitions set forth in this document in the First Clause;

  • a. the filtering/export of information will be performed by the CLIENT, using the options provided by SAFETYMAILS, and the final product will be directly related to the CLIENT's choices;
  • b. SAFETYMAILS may choose, for security reasons, to combat spam and/or respect to the Brazilian Civil Rights Framework for the Internet, Can-spam, the LGPD and GDPR, not to identify any information of the CLIENT's database (eg Emails of Spamtraps), limiting itself to numerically informing the incidence of these cases in a specific report, but limiting itself to classifying such records as invalid/not suitable for use in files obtained in the system for later use of the CLIENT;
  • c. The entire validation and verification process of emails happens automatically on the servers of SafetyMails, and there is no human interaction in the process.

4.2 it will be considered optional services offered to the CLIENT, the Realtime Forms email verification API (Safety Optin), Baseline Reassessment, SafetyOptin Setup and the sub-account and resale system (once it's available);

4.3 The validation of emails will be made according to criteria adopted by SAFETYMAILS, which will be based, but not only, on the parameters of standards RFC 822 and RFC 5321 (from "ARPA Internet text messages, 1982" and all documents which complement or replace them);

4.4 The possible results of the validation process are based on the evaluation of SAFETYMAILS, which will use the processes considered safer, may take into account recent information databases, connection tests and other tools that take by comparative parameter, being exempted, the obligation to achieve 100% daccuracy in results, taking into account the fact that Email Service Providers and/or Information Technology Departments of Business Organizations can avail themselves of false positives, denial response and/or reuse of emails in disuse;

  • a. with respect to the status "Potential Spamtrap", due to its characteristics, it will be up to the CUSTOMER to decide whether or not to keep the emails in its mailing list, under the sole and exclusive responsibility of the CUSTOMER in case of any blockages due to emails trap (Spamtraps) in your email base;
  • b. SAFETYMAILS will offer the means to reduce as much as possible the incidence of invalid emails, in order to obtain greater efficiency of its contacts, but is subject to any consultation failures beyond its control;
  • c. SAFETYMAILS will perform the processing of a base loaded in the system in up to 48 (forty eight) hours, possibly able to finish the process before;
  • d. The CLIENT may terminate a process of analysis and processing before the period of 48 (forty eight) hours, at any time. Email addresses that appear as "pending" will have their credits returned to the CLIENT's account, at no cost;
  • e. SAFETYMAILS does not guarantee the tracking and identification of 100% of the emails trap (Spamtraps). It is therefore limited to identifying those that are already known and are an integral part of its database (see section 4.1-b). New addresses can be added to the database daily. This status should be considered as an optional service;
  • f. SAFETYMAILS does not guarantee the 100% d screening of disposable e-mail (disposable). It limits itself to identifying those that are already known and are an integral part of its database. New addresses can be added to the database daily. This status should be considered as an optional service;
  • g. o CLIENTE fica ciente de que ferramentas de envio de e-mail marketing podem classificar e-mails válidos como hard bounces em razão de filtragens antispam diversas, não comprovando, portanto, a inexistência do e-mail, que se dá por outros protocolos, como por exemplo: “erro 450: Requested mail action not taken: mailbox unavailable” ou “erro 550: Requested action not taken: mailbox unavailable” (para maiores informações, recomendamos a leitura do artigo - https://www.safetymails.com/blog/e-mail-valido-ou-hard-bounce-mudando-conceitos/);
  • h. the CUSTOMER is aware that email marketing tools can perform their own filtering based on rules not known by SAFETYMAILS, which therefore exempts itself from liability in these cases;

4.5 The Basis Reassessment service aims to update the records of an email base with the most current information possible, taking into account that there are daily variations of the email market, with accounts being created, others being new spamtraps being created, as well as new disposable emails, among other conditions;

4.6 The optional Optical Safety Optin (API) service is characterized by the possibility of the CUSTOMER installing an integration in a registration form, able to carry out validation and verification consultations of emails at the time of an electronic registration of any person to their database. emails;

  • a. an account can opt for direct integration into the form (with a limit of up to 10 consultations source URLs) or the Webservice service based on URL or IP (without consultations origin limit);
  • b. the installation of codes for integration is the responsibility of the CUSTOMER, who may, if he so wishes, request SAFETYMAILS installation assistance, with a value to be agreed (see item 4.7);
  • c. the CUSTOMER is aware that any blocking of sending information in its forms of registration and/or contact due to status informed by SAFETYMAILS is his responsibility, mainly due to the "Pending" Status;
  • d. the storage of the information generated by the Safety Optin service is the responsibility of the CUSTOMER, not being stored in the SAFETYMAILS databases;
  • e. the statuses reported in this service are only "Valid", "Invalid" and "Pending";
  • f. validity of credits is related to the number of days of the month in question. Its validity is provided on the date of its purchase ;
  • g. SAFETYMAILS makes every effort to maintain server availability (UPTIME) as long as possible. However, it exempts itself from the responsibility of delivering 100% of UPTIME, knowing that online services and data centers can go through moments of instabilities and DOWNTIME, when connections and availability of servers are unavailable, and it's up to the CLIENT not to block their services in the case of any absence of SAFETYMAILS;
  • h. historical information on the number of daily consultations will be available for the last 12 (twelve) months;
  • i. Opting for this service,The CUSTOMER adheres to the automatic renewal payment scheme and will be charged, monthly, for an indefinite period until he/she decides to end the service, according to the SAFETYMAILS price list;
  • j. "pending" data returns are not debited from the CUSTOMER'S consultation balances;
  • k. the amount of credits contracted refers to a period of 30 days. If the number of consultations exceeds the total number of consultations available, it will be necessary for the CUSTOMER to acquire in their Safety Optin control panel (API) discretionary consultation credits, valid only in the current validity period, with no balance transferred to a validity period posterior;
  • l. the amount of consultations is not cumulative. Once a consultation validity expires and a new one begins, the consultation will be reset and a new balance will be credited.
  • m. the CUSTOMER is offered an optional testing period of duration determined by SAFETYMAILS and informed in the environment of the contracting panel, in order to evaluate the service. SAFETYMAILS will, after the test period, automatically charge the service to the CUSTOMER, unless it decides to cancel the service, through the option available in the CUSTOMERS account in SafetyMails;

4.7 The optional Safety Optin Setup service is characterized by the CUSTOMER's option to ask SafetyMails to install Safety Optin on their registration / contact / etc forms.

  • a. SAFETYMAILS shall, based on the information provided by the CUSTOMER and on the information obtained regarding the coded environment in which the Safety Optin installations will be carried out, shall determine the value and the term of implementation of the service, and it is up to the CUSTOMER to accept the proposal or not. a period of no more than 30 (thirty) calendar days, otherwise a new price-fixing may be necessary;
  • b. once accepted by the CUSTOMER, SAFETYMAILS will proceed with the installation, once verified that the payment of the agreed upon price by the CUSTOMER is verified;
  • c. the CUSTOMER, once he/she agrees to the provision of the service, commits to offer collaboration to the SAFETYMAILS team, offering access to its web (or application) environment, providing addresses (URL), among other information that the SAFETYMAILS team considers important for the execution of the Setup (under analysis of the CUSTOMER);
  • d. SAFETYMAILS, for reasons such as finding technical impossibility or obtaining information and access to panels of the environment of the CUSTOMER, can come to the understanding that it is not (or was not) possible to carry out the setup process. In these cases, the CUSTOMER will be informed about the status of the process and will be reimburse the payment made within 5 (five) business days.
    • i. if a change in the structure of the CUSTOMER's environment is required, a new pricing may be suggested, in the sense that, in addition to the Setup, source code changes are made, with the acceptance conditions of item "a" of 4.7 being valid;
  • e. at the end of the installation process, the CUSTOMER will perform tests to verify that the installation has been performed and will inform SAFETYMAILS by email that the service is complete;
  • f. the CLIENT agrees to change its access passwords that was eventually shared with SAFETYMAILS;
  • g. the SAFETYMAILS team meets the NDA - Privacy Policy;

 

FIFTH CLAUSE - VALIDITY OF CREDITS, CONSULTATIONS AND STORED BASES

5.1 Validation credits and consultations acquired by the CUSTOMER, regardless of volume, package or seasonality, will have pre-defined validity periods for use, depending on their use, and therefore, those that are not used within the established period will be discarded , under the conditions below:

  • a. Validation and verification credits: validity of 60 (sixty) calendar days from the date of release or bank clearing;
  • b. Validation and verification consultations of the optional Safety Optin (API) service: validity of 30 (thirty) calendar days from the date of release or bank clearing;
  • c. separate credits for Validation consultations (APIs): valid only for the remaining period of the current Safety Optin Plan (API). Ex: expiration date of December 31. Credits of this type acquired on December 22 will only be valid until December 31;

5.2 Purchases made for the purpose of adding validation credits to the existing balance do not make the entire amount valid for the same period. Therefore, each batch purchased will be part of the same balance for the purpose of use, but will have different treatment for the validity, taking into account the date of release or bank compensation of each batch, individually;

5.3 The order of the use of credits will be given by the FIFO system (first in, first out), that is, older credits will be used before more recent credits, in order to protect the CUSTOMERS, performing the maximum use of credits within the period of validity;

5.4 Once the maturity of a lot of validation credits has been reached, SAFETYMAILS will render unusable the balance of the lot in question, regardless of the number of credits still available on the date and the CUSTOMER is not able to request a refund, amount refund or extension of the due date for the use of the credits;

5.5 The CUSTOMER shall be entitled to a reversal of validation credits only when, at the end of an analysis, the SAFETYMAILS alternatives of consultation are exhausted, or when the CUSTOMER interrupts an analysis that is classified as a "partial result" (see 4.4 -d), there is an email volume categorized with the status "pending." In this way, the volume of emails in this category will be converted into credits reversed to the CONTRACTOR (ie 2,000 (two thousand) emails categorized as pending will return 2,000 (two thousand) credits to the CLIENT's account);

5.6 There is no refunds and cash backs;

5.7 For the Optional Safety Optin service, emails categorized into "pending" status will simply not consume consultations, so there is no need to request a refund;

5.8 SAFETYMAILS will offer to the CUSTOMER a detailed report of consumption of its credits, by date, lot and product. You may also offer (not necessarily), as a relationship, notices when the balance of credits is low

5.9 The responsibility for maintaining the amount of credits available for the full operation of the system is of the CUSTOMER;

5.10 After 3 months of the last analysis done on a basis, it will be deleted from the account, active or not. Therefore, it is up to the user to download the information from their database before this time period.

5.11 If you wish, the user may delete their own information at any time (" Right to erasure ", GDPR Art. 17);

5.12 for the optantes of the optional Safety Optin (API) service, the service will be immediately discontinued if payment is not made within the stipulated expiration period, and SAFETYMAILS reserves the right to erase historical data regarding the daily number of queries and sampling of results;

 

CLAUSE SIX - FORMS OF PAYMENT

6.1 Payments may be made by the CUSTOMER through the use of Bank Slips, Credit Card or through payment intermediary services (item 3.2.1), provided that they are available in the country where the purchase is being made;

6.2 Subscription services, such as Safety Optin, will generate recurring monthly charges;

6.3 Bank and credit card data of the CUSTOMER will not remain in SAFETYMAILS's possession, but of the companies responsible for the means of payment (item 3.2.1), exempting SAFETYMAILS from any responsibility surrounding this information;

6.4 The CUSTOMER is aware that the means of payment will hold your payment information;

 

CLAUSE SEVEN - VALUES OF SERVICES

7.1 ​O CLIENTE concorda em pagar os custos dos serviços apresentados em tabelas de preços em https://www.safetymails.com e https://panel.safetymails.com, exceto nas situações onde o CLIENTE realizar um acordo à parte com a SAFETYMAILS, que deverá ser assinado pelo CLIENTE e pela SAFETYMAILS à parte;

7.2 In order to contract a volume of validation credits in excess of 2,000,000 (two million) at once, it will be necessary to negotiate a price directly with SAFETYMAILS;

7.3 Consultation credits acquired for the optional Safety Optin (API) service may not be used for any other purpose, other than that of this service;

7.4 All online services offered by SAFETYMAILS will be available for use under the credits/consultation regime, which have specific monetary values according to the desired volume of purchase / hiring, and which are purchased at the electronic address https://panel.safetymails.com, directly in the query interface, with payment made according to the options mentioned in Clause Six;

  • The. the validation credits or consultations will only be released after confirmation of the means of payment made by the banking system;

7.5 The amounts may be adjusted for new purchases, in any period, provided they are informed to the CUSTOMER, who may choose to use the service or terminate it at any time;

7.6 The optional Safety Optin (API) service will have monthly and recurring charges, in bank slip form or credit card;

7.6.1 in specific cases, with specific, highlighted and outstanding consent, the CUSTOMER may choose to make the annual payment of the Safety Optin service, provided that this modality is offered by SAFETYMAILS;

 

CLAUSE EIGHT- ATTENDANCE

8.1 Customer service will be performed through email channels or online chat, according to the following rules:

  • a. Opening hours: Monday to Friday, from 9:00 am to 6:00 pm (Brazilian time, UTC / GMT-3). Saturdays, Sundays and national holidays in Brazil will not be open;
  • b. a support request will be answered within 24 (twenty four) business hours if made within business hours;
  • c. a request for support made outside the office hours will be answered within 24 (twenty four) hours from the first working day after the support request;

8.2 no extra fees will be charged for support services, nor for any training or access to information materials (eg handouts, whitepapers, online videos), provided that the physical displacement of service personnel is not required and that it is previously scheduled between the parties;

8.2.1 services that are extra-system support, such as Safety Optin installation may also be charged (item 4.7);

8.3 possibly in special cases, customer support may be provided through telephone and VoIP (such as Skype);

8.4 Only in cases of express and written request of the CUSTOMER (via email), SAFETYMAILS will be able to carry out the revision of files uploaded in SAFETYMAILS system. This process is performed in a controlled environment and all files are deleted immediately after review.

 

CLAUSE NINE - SUSPENSION OF SERVICES

9.1 SAFETYMAILS services may be suspended under the following conditions:

  • a. At the client's request : The CUSTOMER should send an email to the support team at support@safetymails.com, requesting the closure of their account, or clicking on the account termination option , in their control panel;
  • b. Due to lack of credits : once a CUSTOMER's account is left unprocessed (for full use or expiration of validity) for a period of 60 (sixty) consecutive days, the CUSTOMER may lose access to the account ;
  • c. For breach of confidentiality : in cases where Clause Three of this term is broken, CUSTOMER access may be immediately terminated, without access to the reporting data, filtering, data export, etc., still being submitted immediately to the eleventh clause, which deals with penalties;
  • d. For notorious and verified disrespect to the GDPR or the LGPD: In cases where the CUSTOMER makes use of personal information without consent or assumes practices that violate the laws and good practices that are relevant to GDPR or LGPD regulations, SAFETYMAILS may, at any time, terminate the provision of service and prevent access to the account of the CLIENT

 

CLAUSE TENTH - VALIDITY OF THIS AGREEMENT

10.1 The provisions of this instrument are valid from the moment of confirmation and accepted this term in the first access to the service, through an online electronic environment;

  • a. any optional services may be contracted through the online electronic environment, through the CUSTOMER's acceptance, using the available contracting options, whose values and terms are governed by this agreement;

10.2 The validity of this term is indeterminate, valid for as long as the relationship between the provision of services between SAFETYMAILS and CUSTOMER lasts;

  • a.

 

CLAUSE ELEVEN - PENALTIES

Sole Paragraph : The non-observance of any of the confidentiality provisions established in this instrument, will subject to the offender, as well as to the causal agent or facilitator, by action or omission of any of those related in this Term, to the payment , or recovery, of all losses and damages proven by SAFETYMAILS, as well as the respective civil and criminal liability, which will be determined in legal proceedings or administrative proceedings;

 

CLAUSE TWELVE - jurisdiction

Sole Paragraph The jurisdiction to resolve any doubts or controversies arising from the implementation of this Instrument is that of the city of RIO DE JANEIRO, State of RIO DE JANEIRO, BRAZIL, if not resolved administratively;

And because they are fair and agreed upon, the Parties hereby accept this Agreement, with confirmation from the CUSTOMER registered by IP address, with date and time, supported by the Brazilian legislation. A copy of this term will be sent by email to the registered address of the CUSTOMER and will be available for consultation also in your web work environment.