PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING ANY OF THE SERVICES AVAILABLE AT CAMPAIGNMONITOR.COM (the “Site”) OR OFFERED BY OR ON BEHALF OF CAMPAIGN MONITOR PTY LTD OR ITS AFFILIATES. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES.
This Terms of Use Agreement (the "Agreement", as modified from time to time in accordance with the terms of this Agreement) is a legal agreement between You (“Customer”, “You”, “Your”) and Campaign Monitor Pty Ltd. (“Campaign Monitor” or “Company”) (each a “party” and collectively the “parties”) and defines the terms and conditions under which You are allowed to use the Services (as defined below).
This Agreement takes effect on the earliest of You: 1) creating an account for use of the Services while being presented a link to this Agreement; 2) executing or electronically accepting an Ordering Document referencing this Agreement; or 3) using 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. Company may refuse to provide You with the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement.
Last Modified on May 25, 2021
Last Updated March 14, 2019
PLEASE READ THIS ACCEPTABLE USE POLICY (THE “AUP”) CAREFULLY BEFORE USING ANY SERVICES AVAILABLE AT CAMPAIGNMONITOR.COM (THE “SITE”). IF YOU DO NOT ACCEPT THIS AUP, DO NOT USE THE SERVICES. YOU MAY NOT USE THE SERVICES IF YOU ARE OUR COMPETITOR.
This AUP (as modified from time to time by Campaign Monitor in its sole discretion) is a legal agreement between You (“Customer”, “You”, “Your”) and Campaign Monitor Pty Ltd (“Campaign Monitor”, “Company”) and defines the terms and conditions under which You are allowed to use the Services (as defined below). This AUP forms a part of the Agreement and takes effect as soon as You begin using the Services.
By using the Services, You agree that the provision and receipt of Services are expressly conditioned on the acceptance of the terms in this AUP. If You enter into this AUP or use the Services on behalf of an entity, You represent and warrant that You have the authority to accept this AUP 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. Company may refuse to provide You with the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement.
Last Updated on April 6, 2022
By applying for the Campaign Monitor Referral Partner Program (the “Program”), you are agreeing to be bound by this Campaign Monitor Referral Partner Program Agreement (the “Partner Program Agreement”). This Partner Program Agreement is entered into by you on behalf of your company (“Referral Partner”) and (ii) Campaign Monitor Pty Ltd. ( “Company”). By completing a program registration or application process, you acknowledge that Referral Partner has reviewed and accepts all of the terms of this Partner Program Agreement and that you are duly authorized to act on behalf of Referral Partner to bind it to this Partner Program Agreement.
The Parties agree as follows:
This Partner Program Agreement was last updated on August 24th, 2021
PLEASE READ THIS ANTI- SPAM POLICY (THE “ANTI-SPAM POLICY”) CAREFULLY BEFORE USING ANY SERVICES AVAILABLE AT CAMPAIGNMONITOR.COM (THE “SITE”). IF YOU DO NOT ACCEPT THIS ANTI-SPAM POLICY, DO NOT USE THE SERVICES.
At Campaign Monitor, we take anti-spam compliance very seriously. While anti-spam laws like the U.S. CAN-SPAM Act are a step in the right direction for reducing the spam problem, we don’t feel they go far enough. Our definition of spam goes beyond the laws in most countries and encompasses what we believe to be true permission-based email marketing. Our Software is directly integrated into the spam reporting systems of major ISPs. Your compliance with this Anti-Spam Policy will help ensure that we maintain our reputation and white-list status with major ISPs and whitelisting programs, which in turn, will ensure that you, our customer, retain high deliverability rate and get the most out of our Services.
Throughout this Anti-Spam Policy references to “Company” are references to Campaign Monitor, and references to “Customer” are to you, a user of the Services.
If you feel you have received SPAM from our customer, write to us at [email protected] If we find that our anti-SPAM policy has been violated, we may terminate violator’s account.
Last Updated on June 7, 2019
LAST UPDATED: November 4, 2021
Campaign Monitor Pty Ltd. and its affiliates ("Campaign Monitor", "we" or "us") are part of the CM Group family of brands that provides Software-as-a-Service (SaaS) and software products ("Services") to our customers and clients ("Customers"). We may disclose your information to affiliates within the CM Group for customer support, marketing, technical operations, and account management purposes. This privacy notice ("Notice") explains who we are, how we collect, use and share information that identifies you (directly or indirectly) ("Personal Information"), and how you can exercise your privacy rights.
This Notice covers the Personal Information we collect: (1) about Users of Campaign Monitor's Services (see Section 2); (ii) about our User's Subscribers (generally recipients of emails sent through the Campaign Monitor Services) (see Section 3); and (iii) through our Websites and in connection with our events, recruitment, sales and marketing activities (see Section 4). Additionally, CM Commerce Users and prospects will find specific information in the Website Visitor layer explaining how Campaign Monitor and CM Commerce work together as Affiliates with regard to processing Personal Information during the account creation process
If you are resident in the EEA, please review the section headed "EEA Residents Data Protection Rights" for further information about the privacy rights available to you.
We recommend that you read this entire Notice to ensure you are fully informed.
However, to make it easier for you to review those parts of this Notice which apply to you, we have divided up the document into the following sections:
Campaign Monitor is a company headquartered in New South Wales, Australia. We provide email marketing software products and services that allow our Customers and their Users to build and send out marketing emails to their Subscribers. Through our application, our Customers can also store information about and track the engagement of their Subscribers. You can find out more about us and our products here.
In this Notice, the terms below have the meanings defined below:
This section applies to Personal Information we collect and process when you engage with us as a User of the Service. For Users of CM Commerce, please visit this notice. If you are not yet a User, Section 4 (applicable to visitors to our Websites) may be more applicable to you and your data. In this Section, "you" or "your' refer to Users.
We process your Personal Information for our legitimate interests, which include:
In the following limited situations, we may disclose information that we collect or that you provide to us:
We (and our partners and vendors) use various tracking technologies (such as cookies and similar technologies like pixels and web beacons) to collect and store information when you use the Services. For example, cookies allow us to collect information such as your IP address, browser, email client type and other similar details. We use this information to measure the performance of our application and to provide analytics information and enhance the effectiveness of our Services. We use page tags (also known as web beacons) in the emails we send to our Users. This means when you receive and engage with marketing messages we send to you, web beacons track certain behavior such as whether the email sent to you was delivered and opened. Links within these emails are tracked to show individual recipient's clicks. For more information, read about our cookies and other tracking technologies in more detail in our Cookie Notice here.
This section applies to Personal Information we collect and process about our User's Subscribers as a data controller when providing the Services. In this Section "you" or "your" refers to a Subscriber.
IMPORTANT NOTE: Our Services are intended for use by our Customers. Their Users control the content of any Personal Information uploaded to the Services, the content of emails sent, forms built, and information provided at the point of data collection. Therefore, most of the time we collect and process Personal Information about our Customers’ Subscribers (like you), as a processor on behalf of our Customers (the controller). Campaign Monitor is not responsible for the privacy or security practices of our Customers, which may differ from those described in this Notice. We require our Customers to comply with all applicable laws and regulations and to provide Subscribers with notice of the collection of data as outlined in this Notice. To understand how Customers and their Users will use your Personal Information, you will need to directly contact the User who sent you the email or whose online form you filled out.
We process your Personal Information for our legitimate interests, which include:
In the following limited situations, we may disclose Subscriber information to someone other than the Customer or their User:
We (and our partners and vendors) use various technologies to collect and store information when you interact with a User's email campaign or other content delivered through the Services, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. For example, we use page tags (also known as web beacons) in the emails we send on behalf of our Users. When you receive and engage with a User's campaign, web beacons track certain behavior such as whether the email sent through the Services was delivered and opened. They also allow us to collect information such as your IP address, browser, email client type and other similar details. Links within these emails are tracked to show individual recipient’s clicks. We use this information to measure the performance of our User's email campaigns, to improve email deliverability and open rates and to provide analytics information and enhance the effectiveness of our Services as described in more detail above. For more information, read about our cookies and other tracking technologies in more detail in our Cookie Notice here.
This Section applies to Personal Information that we collect and process through our Websites (for example when you visit our website and sign up for our marketing lists or apply for a job at Campaign Monitor) and in the usual course of our business, such as in connection with our events, sales and marketing activities.
In the following limited situations, we may disclose information that we collect or that you provide to us:
We (and our partners and vendors) use cookies and similar tracking technology (collectively "Cookies") on our Websites to collect and use Personal Information about you: (i) to ensure we are complying with our legal obligations (for example, we use cookies to infer your location and if, for example, you are in the EEA, we can ensure that we are compliant with regulations in the EEA); (ii) to serve targeted advertising to you, (iii) to analyse trends, administer the Website, track users' movements around the Website, and (iv) to gather demographic information about our user base as a whole. In addition, certain third parties, such as analytics companies, may use automatic information collection technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or they may collect information about your online activities over time and across different websites, apps and other online services websites. For more information, read about our cookies and other tracking technologies in more detail in our Cookie Statement here.
Maintaining the privacy and security of Personal Information processed by Campaign Monitor subject to this Notice is one of our core values and vital to creating trust between us and our Customers, or any other individual with whom we interact. To ensure that individuals have appropriate control of their Personal Information, we extend the ability to access, correct, or delete Personal Information to any individual whose Personal Information is processed in accordance with this Notice.
To access, correct, or delete your Personal Information, please access our individual rights portal using the button provided in this section of the Notice. We may ask you to provide additional verification in order to complete any request made to delete Personal Information. Our subscribers may visit the Campaign Monitor Preference Center at any time to access Personal Information processed for that purpose, amend such Personal Information, and alter their marketing choices.
Campaign Monitor is part of CM Group, a larger organization which operates marketing technology companies across the globe and is established within the EU by its control of Selligent SA, a public limited company based in Belgium. If it is necessary to direct any inquiry to CM Group’s EU entity, rather than Campaign Monitor itself, please send such communication to [email protected].
If you are resident in the EEA or UK, you have the following data protection rights:
Please note that because most of the information we store can only identify a particular browser or device, and cannot identify you individually, you will need to provide us with some additional information to enable us to identify the Personal Information we hold about you and ensure that we accurately fulfill your request. You may also be required to provide ID.
Further Information for Subscribers: As described in this Notice, for much of the Personal Information we collect and process about you through the Services, we act as a processor on behalf of our Customers. In such cases, if you want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your Personal Information is handled by Campaign Monitor as a processor on behalf of our Customers, you should contact the relevant Customer that has contracted with Campaign Monitor for use of the Services, and refer to their separate privacy policies. If you are having difficulties finding this Customer, you can contact us through our support team and we will try our best to help you.
This Notice only applies to the Campaign Monitor Website and Services. We are not responsible for the privacy practices or disclosures of third parties that use or access the Campaign Monitor Website or Services. In addition, the Website or Service may contain links to third-party websites and apps. Any access to and use of such linked websites or apps is not governed by this Notice, but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third parties.
We may revise this Notice from time to time in response to changing legal, technical or business developments. The most current version of this Notice will govern our use of your Personal Information. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws. You can see when this Notice was last updated by checking the “last updated” date displayed at the top of this Notice.
Thanks for taking the time to learn about our privacy notice. We hope it was clear and reassuring.
To execute a Data Protection Agreement (often referred to as a "Data Processing Agreement or "DPA"), please submit a request to support via this support form. For general data privacy questions related to the Campaign Monitor Services, please submit a request to support via this support form. To communicate with our Data Protection Officer, please email [email protected].
If you have any questions, please contact us:
Campaign Monitor
ATTN: Global Data Privacy Manager
11 Lea Ave
Nashville, TN 37206
Email: [email protected]
Important Note: If you are resident in the EEA or UK, the "data controller" of the Personal Information described in this Privacy Notice is Campaign Monitor.
November 4, 2021
Campaign Monitor (“Company”) respects the intellectual property rights of others and expects Users to do the same. Company will 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").
Instructions for Claimant. If copyrighted content that belongs to you (“Claimant”) was posted without your permission to the Site or sent through the Services, let Company know. Please send notice of the alleged infringement to Company at the following address:
Campaign Monitor
Attn: Legal Department
11 Lea Avenue,
Nashville, TN 37210
A. Your notice should provide the following information:
B. By submitting the notice, you acknowledge and agree that Company may forward the information to the person (“Alleged Offender”) who uploaded the allegedly infringing material.
Instructions for Alleged Offender. If Company removed or disabled content posted by you (“Alleged Offender”) due to a claim made pursuant to the process outlined above, and 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)). Company will forward your counter-notification to the Claimant who submitted the original copyright infringement claim. If the 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 Company, then Company may, in its sole discretion, reinstate the removed or disabled content.
Last Updated on October 5, 2021
We consider vulnerability research conducted according to this policy to be:
You are expected, as always, to comply with all applicable laws. If legal action is initiated by a third party against you and you have complied with this policy, we will take steps to make it known that your actions were conducted in compliance with this policy.
If you submit a report through our bug bounty program which affects a third party service, we will limit what we share with any affected third party. We may share non-identifying content from your report with an affected third party, but only after notifying you that we intend to do so and getting the third party's written commitment that they will not pursue legal action against you or initiate contact with law enforcement based on your report.
Please note that we cannot authorize out-of-scope testing in the name of third parties, and such testing is beyond the scope of our policy. Refer to that third party's bug bounty policy, if they have one, or contact the third party either directly or through a legal representative before initiating any testing on that third party’s systems or services. This is not, and should not be understood as, any agreement on our part to defend, indemnify, or otherwise protect you from any third party claim based on your actions.
That said, if legal action is initiated by a third party, including law enforcement, against you because of your participation in this bug bounty program, and you have complied with this Safe Harbor Policy and have not acted in bad faith, upon your written request, we will inform the third party that your actions were conducted in compliance with this Safe Harbor Policy.
If at any time you have concerns or are uncertain whether your security research is consistent with this Safe Harbor Policy, please submit a report in advance as set forth in the security text file located here.
Note that the Safe Harbor applies only to legal claims under our control; it does not bind independent third parties.
Last updated on February 23, 2022