PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE SERVICES AVAILABLE AT CAMPAIGNMONITOR.COM (the “Site”). IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES.
This Agreement takes effect on the earliest of You: 1) clicking a box to create an account (“Create My Account”) presented with a link to this Agreement, 2) executing or electronically accepting an Ordering Document referencing this Agreement, or 3) using of the Services, (the earliest of the foregoing being the “Effective Date”). If You enter into this Agreement or acquire the Services on behalf of an entity, You represent and warrant that You have the authority to accept this Agreement on the entity's behalf.
In order to use the Services, You must:
By using the Services, You represent and warrant that You meet all the requirements listed above. Campaign Monitor may refuse to provide the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement. If You have any questions, feel free to send an email to email@example.com and a Campaign Monitor representative will contact You shortly.
In addition to terms defined elsewhere in this Agreement, the following definitions will apply to capitalized words in this Agreement:
The above order of precedence will apply unless: 1) the conflicting term is expressly stated to vary the conflicting provision of the controlling document; 2) the controlling document specifically provides that a lower order document may vary the applicable term of the controlling document; or 3) the Parties expressly agree otherwise. All rights not expressly granted herein are reserved by Campaign Monitor.
The Parties acknowledge that in the course of performing their obligations under this Agreement, each party (a “Recipient”) may receive information that is either clearly marked as “confidential” or nonpublic information which, under the circumstances surrounding the disclosure, a reasonable person would conclude should be treated as confidential (“Confidential Information”) from the other party (a “Discloser”). Recipient covenants and agrees that neither it nor its agents, employees, officers, directors or representatives will disclose or cause to be disclosed any Confidential Information of the Discloser, except (a) to those employees, representatives, or contractors of the Recipient who require access to the Confidential Information to exercise its rights under this Agreement and who are bound by confidentiality obligations, or (b) as such disclosure may be required by Law, subject to and to the extent permitted by Law, the Recipient providing to the Discloser written notice to allow the Discloser to seek a protective order or otherwise prevent the disclosure. Nothing in this Agreement will prohibit or limit the Recipient’s use of information: (i) previously known to it without breach or obligation of confidence, (ii) independently developed by or for it without use of or access to the Discloser’s Confidential Information, (iii) acquired by it from a third party that was not under an obligation of confidence with respect to such information at the time of disclosure, or (iv) that is or becomes publicly available through no breach of this Agreement.
If the end user of the Services is the U.S. federal government (including any federal agency), then the following shall apply: (a) Government technical data and software rights related to the Services include only those rights described herein; and (b) if a government agency has a need for rights not conveyed under this Agreement, it must negotiate with Campaign Monitor to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. The Services and Site, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation."
The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
Last Modified Date: January 8, 2018
In addition to terms defined in the Agreement, the following definitions will apply to capitalized words in these Advanced Segmentation (Beta) Terms:
Customer represents and warrants that if Customer is using the Agency or Reseller version of the Services, Customer will not co-mingle, will not instruct a TAM to co-mingle, and will not cause to be co-mingled, any of its End Client’s User Content, including any Subscriber Data obtained while using the Advanced Segmentation (Beta) features.
Unless otherwise expressly communicated in writing to the TAM, if Customer has multiple teams set up within its account and Customer is not acting as an Agency or Reseller, Customer represents and warrants that:
CAMPAIGN MONITOR DOES NOT GUARANTEE THAT ACCOUNT SETUP OR SEGMENT RULE SETUP IS ERROR-FREE. THE TAM SERVICES AND ANY RELIANCE BY CUSTOMER UPON THE TAM SERVICES, INCLUDING ANY ACTION TAKEN BY CUSTOMER BECAUSE OF SUCH USE OR RELIANCE, IS AT CUSTOMER’S SOLE RISK.
Customer acknowledges and agrees that a new version of Campaign Monitor with incorporated Advanced Segmentation features may become available during Customer’s Order Term or a renewal thereof and that this new version will replace the Advanced Segmentation (Beta) features made available through a TAM. Upon release of such new version, Customer hereby agrees to be transitioned to such new version for the remainder of Customer’s then-current Order Term. Customer shall have access to all features included in the current Advanced Segmentation (Beta) offering except for access to a TAM. Notwithstanding the foregoing, Customers on a Premier version of Campaign Monitor will continue to have access to a Customer Success Manager who will help with reasonable transition related activities. Upon renewal, Customer will be charged fees associated with the new version of Campaign Monitor with Advanced Segmentation features unless the Parties expressly agree in writing prior to Customer’s renewal.
Upon termination of the Agreement or Customer’s termination of the Advanced Segmentation (Beta) feature (or termination of the feature that replaced Advanced Segmentation (Beta)), Customer shall cease all use of such feature and remove Scripts from any Websites where Script is installed.
Maintaining the privacy of your information is of paramount importance to us as it helps foster confidence, goodwill and stronger relationships with you, our customers. If, at any time, you have questions or concerns about our privacy practices, please feel free contact us at firstname.lastname@example.org.
Campaign Monitor collects information that personally identifies you (“personal information”) in some circumstances, for example when you apply for our services or our customers provide your personal information to us so that we can help them communicate with you by email. The types of personal information we collect include name, contact details, identification information, organisation, title, information submitted in forms, payment details and enquiry/complaint details. We also collect personal information about your interactions and transactions with us, including any through monitoring and recording any contact we have with you by telephone, email or online for purposes including security, dispute resolution and training. We collect personal information directly from you as well as from third parties including public sources, our related companies, information service providers and the parties with whom we exchange information as described here.
We collect, use and disclose your personal information to provide, administer, improve and personalise our products and services, maintain and update our records, manage our relationship with you and our customers and deal with your enquiries and concerns. We may also collect, use and disclose your personal information in connection with suspected fraud, misconduct and unlawful activity.
If you are our customer, your personal information is used to create your personal access to our email marketing product, and to contact you in the course of using this product. Financial information that is collected is used to verify, identity and to bill either you or your company for products and services, as applicable. Demographic and profile data collected by Campaign Monitor may be used to tailor this web site or any requested email communications, and to display information that is more relevant to you. Campaign Monitor also compiles demographic and product use information, but in the aggregate only, and may make that aggregate information publicly available. Under no circumstances will Campaign Monitor make any personal information about an individual user available publicly in this manner.
Your email address is used to only send you information that you have requested. As part of your use of our email marketing software, Campaign Monitor allows you to elect to receive, or not receive, certain information from Campaign Monitor. Campaign Monitor adheres strictly to permission-based email policy. Except as mentioned above, Campaign Monitor will not send you unsolicited email information, commercial offers or advertisements. Campaign Monitor will not sell, rent, or loan our contact lists or our customer’s contact lists (including customer data) to any outside firms not involved in the provision of Campaign Monitor services, nor will Campaign Monitor use customer contact lists for our own marketing purposes. All emails that you have requested will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communications will be sent to users who have stated that they do not wish to receive the specified information.
We may not be able to do the things described above without your personal information. For example, we may not be able to communicate with you and deal with your enquiries.
Campaign Monitor will not use or disclose your personal information without your consent, except:
We may exchange your personal information with our related bodies corporate, your representatives and with our service providers that assist us with archival, auditing, accounting, customer contact, legal, business consulting, banking, payment, delivery, data processing, data analysis, information broking, research, investigation, website or technology services. Third parties to whom we disclose personal information may be located in Australia, the United States of America and other countries.
We send all new users a welcoming email to verify their new account and confirm their password and username. Established users will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Customers can unsubscribe via the unsubscribe mechanism at the bottom of each email.
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way to opt-out of these communications via the unsubscribe mechanism at the bottom of each email.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.
We use your IP address to help diagnose problems with our server, and to administer our website. We do not link your IP address which accesses our website to any personal information. We use tracking information to determine which areas our site users visit based on traffic to those areas. Campaign Monitor does not track what individual users read, but rather how often each page is visited. This helps us maintain a superior and informative website for you.
In providing email campaign services for our customers, we may link cookies and IP addresses with records of emails received and links accessed to help our customers monitor the effectiveness of their email campaigns and manage their relationships with subscribers.
Our website may contains links to other sites. We are not responsible for the privacy practices or policies of those sites.
Campaign Monitor has made a substantial investment in server, database, backup and firewall technologies to protect our information assets. These technologies are deployed as part of sophisticated security architecture. All data resides in a tightly controlled, secure data center. These investments mean that information about the identity and preferences of individual members is strongly protected by Campaign Monitor against unauthorised access. We will maintain safeguards to protect the security of these servers and your personal information.
Campaign Monitor may process, store and back up its information with the assistance of those providers.
If you apply for a position with us, we may also collect information about your experience, qualifications, skills, character and screening checks (including identity, eligibility to work, health, reference, background, directorship, financial probity, vocational suitability and criminal record checks). We collect, use and disclose your personal information to assess your application, conduct screening checks and consider and contact you about other positions. We may exchange your personal information with screening check providers, recruiters, academic institutions, health service providers, professional and trade associations, law enforcement agencies, referees and your current and previous employers. Without your personal information we may not be able to progress considering you for positions with us.
If you have any questions about our privacy statement, the information we have collected from you online, the practices of this website, or you wish to access or correct the personal information we hold about you, please contact us:
Level 38, 201 Elizabeth Street
Sydney NSW 2000
+61 2 9521 5312
+61 2 8518 7100
In the case of access and correction requests, please provide as much detail as you can about the particular information you seek, in order to help us locate it. We will comply with any applicable legal requirements to provide reasons if we deny any request for access or correction, or to make a requested note of your desired correction with the information.
We take your privacy concerns seriously. Where you express any concerns that we have interfered with your privacy, we will respond to let you know who will be handling your matter and when you can expect a further response.
The following definitions will apply to capitalized words in this Anti-Spam Policy:
Capitalized words in this Anti-Spam Policy that are not otherwise defined above shall have the meaning ascribed in the Agreement.
In the end, anti-spam compliance is about common sense. Take off your marketing hat and put yourself in your Subscriber’s shoes. If they don’t recognize who you are or aren’t interested in what you’re sending, they’ll think you’re a spammer. It’s that simple.
Updated March 28, 2017
Level 38, 201 Elizabeth Street
Sydney NSW 2000
+61 2 9521 5312
Please note that the contact information provided above is regularly updated.
At Campaign Monitor, we respect the intellectual property rights of others and expect users of our services to do the same. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act ("DMCA"). If copyrighted content that belongs to you was posted without your permission to our site or sent through one of our services, let us know. Please send notice of the alleged infringement to our designated agent at the following address:
Campaign Monitor Pty Ltd.
631 Howard St., 5th Floor,
San Francisco, CA 94105
Your notice should provide the following information:
By submitting the notice, you acknowledge and agree that we may forward the information to the person who uploaded the allegedly infringing material. If you believe that your removed or disabled content is not infringing, or that you have the authorization or right to post and use that content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the DMCA (17 U.S.C. § 512(g)(3)). We will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled content within fifteen (15) calendar days of receiving the counter-notice from us, then we may, in our sole discretion, reinstate the removed or disabled content.