www.constantcontact.com
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Submitted URL: http://www.constantcontact.com/index.jsp?cc=TEVP_Inv_001&rmc=VF19_V8
Effective URL: https://www.constantcontact.com/landing1/vr/home?cc=TEVP_Inv_001&rmc=VF19_V8
Submission: On January 16 via api from CA — Scanned from CA
Effective URL: https://www.constantcontact.com/landing1/vr/home?cc=TEVP_Inv_001&rmc=VF19_V8
Submission: On January 16 via api from CA — Scanned from CA
Form analysis 1 forms found in the DOM
https://go.constantcontact.com/api/signup-api/provision
<form id="sign-up-form-em-pwd-fname-tel-req" novalidate="" action="https://go.constantcontact.com/api/signup-api/provision" class="form standard-form material-ui-form form--bg form--centerAlign">
<div class="form-headers">
<h2 class="form-headline">Get started today!</h2>
</div>
<div class="field material-ui-field">
<div class="field__wrapper">
<div class="MuiFormControl-root MuiFormControl-fullWidth css-tzsjye">
<div class="MuiFormControl-root MuiFormControl-fullWidth MuiTextField-root css-1clx25j"><label
class="MuiFormLabel-root MuiInputLabel-root MuiInputLabel-formControl MuiInputLabel-animated MuiInputLabel-outlined MuiFormLabel-colorPrimary MuiInputLabel-root MuiInputLabel-formControl MuiInputLabel-animated MuiInputLabel-outlined css-p0rm37"
data-shrink="false" for="email" id="label-email" aria-label="email">Email</label>
<div class="MuiInputBase-root MuiOutlinedInput-root MuiInputBase-colorPrimary MuiInputBase-fullWidth MuiInputBase-formControl css-1bp1ao6"><input type="email" aria-invalid="false" id="email" name="email" autocapitalize="on"
class="MuiInputBase-input MuiOutlinedInput-input input required css-1x5jdmq" aria-required="true" data-qe-id="sign-up-form-em-pwd-fname-tel-req-email" data-type="email" value="">
<fieldset aria-hidden="true" class="MuiOutlinedInput-notchedOutline css-igs3ac">
<legend class="css-yjsfm1"><span>Email</span></legend>
</fieldset>
</div>
</div>
</div>
</div>
</div>
<div class="field material-ui-field ">
<div class="field__password-wrapper">
<div class="MuiFormControl-root MuiFormControl-fullWidth css-tzsjye">
<div class="MuiFormControl-root MuiFormControl-fullWidth MuiTextField-root css-1clx25j"><label
class="MuiFormLabel-root MuiInputLabel-root MuiInputLabel-formControl MuiInputLabel-animated MuiInputLabel-outlined MuiFormLabel-colorPrimary MuiInputLabel-root MuiInputLabel-formControl MuiInputLabel-animated MuiInputLabel-outlined css-p0rm37"
data-shrink="false" for="new-password" id="label-new-password" aria-label="new-password">Password</label>
<div class="MuiInputBase-root MuiOutlinedInput-root MuiInputBase-colorPrimary MuiInputBase-fullWidth MuiInputBase-formControl MuiInputBase-adornedEnd css-segi59" style="padding-right: 5px;"><input aria-invalid="false" id="new-password"
name="newPassword" type="password" autocapitalize="off" class="MuiInputBase-input MuiOutlinedInput-input MuiInputBase-inputAdornedEnd input required css-1uvydh2" aria-required="true"
data-qe-id="sign-up-form-em-pwd-fname-tel-req-new-password" data-type="password" value="">
<div class="MuiInputAdornment-root MuiInputAdornment-positionEnd MuiInputAdornment-outlined MuiInputAdornment-sizeMedium css-1nvf7g0"><button class="MuiButtonBase-root MuiIconButton-root MuiIconButton-sizeMedium css-1yxmbwk" tabindex="0"
type="button" aria-label="toggle password visibility"><svg class="MuiSvgIcon-root MuiSvgIcon-fontSizeMedium css-vubbuv" focusable="false" aria-hidden="true" viewBox="0 0 24 24" data-testid="VisibilityIcon">
<path d="M12 4.5C7 4.5 2.73 7.61 1 12c1.73 4.39 6 7.5 11 7.5s9.27-3.11 11-7.5c-1.73-4.39-6-7.5-11-7.5zM12 17c-2.76 0-5-2.24-5-5s2.24-5 5-5 5 2.24 5 5-2.24 5-5 5zm0-8c-1.66 0-3 1.34-3 3s1.34 3 3 3 3-1.34 3-3-1.34-3-3-3z"></path>
</svg><span class="MuiTouchRipple-root css-w0pj6f"></span></button></div>
<fieldset aria-hidden="true" class="MuiOutlinedInput-notchedOutline css-igs3ac">
<legend class="css-yjsfm1"><span>Password</span></legend>
</fieldset>
</div>
</div>
</div>
</div>
</div>
<div class="field material-ui-field">
<div class="field__wrapper">
<div class="MuiFormControl-root MuiFormControl-fullWidth css-tzsjye">
<div class="MuiFormControl-root MuiFormControl-fullWidth MuiTextField-root css-1clx25j"><label
class="MuiFormLabel-root MuiInputLabel-root MuiInputLabel-formControl MuiInputLabel-animated MuiInputLabel-outlined MuiFormLabel-colorPrimary MuiInputLabel-root MuiInputLabel-formControl MuiInputLabel-animated MuiInputLabel-outlined css-p0rm37"
data-shrink="false" for="given-name" id="label-given-name" aria-label="given-name">First Name</label>
<div class="MuiInputBase-root MuiOutlinedInput-root MuiInputBase-colorPrimary MuiInputBase-fullWidth MuiInputBase-formControl css-1bp1ao6"><input type="text" aria-invalid="false" id="given-name" name="givenName" autocapitalize="on"
class="MuiInputBase-input MuiOutlinedInput-input input required css-1x5jdmq" aria-required="true" data-qe-id="sign-up-form-em-pwd-fname-tel-req-given-name" data-type="text" value="">
<fieldset aria-hidden="true" class="MuiOutlinedInput-notchedOutline css-igs3ac">
<legend class="css-yjsfm1"><span>First Name</span></legend>
</fieldset>
</div>
</div>
</div>
</div>
</div>
<div class="field material-ui-field ">
<div class="field__tel-wrapper">
<div class="country-code">
<div class="field__select-wrapper" style="max-height: 47px;">
<div data-qe-id="siteContactCountryCode" data-testid="country-code" for="siteContactCountryCode" aria-label="Country" class="MuiInputBase-root MuiOutlinedInput-root MuiInputBase-colorPrimary country-code__select css-1oorutr">
<div tabindex="0" role="button" aria-expanded="false" aria-haspopup="listbox" aria-labelledby="siteContactCountryCode" id="siteContactCountryCode"
class="MuiSelect-select MuiSelect-outlined MuiInputBase-input MuiOutlinedInput-input css-qiwgdb"><label for="siteContactCountryCode" class="country-code__label"> <img alt="Icon of CA flag" width="30" height="20" src="/flags/CA.svg"
class="country-code__flag" role="presentation"><span class="country-code__text">CA</span><span class="country-code__value">+1</span></label></div><input aria-invalid="false" name="siteContactCountryCode" aria-hidden="true"
tabindex="-1" class="MuiSelect-nativeInput css-1k3x8v3" value="ca"><svg class="MuiSvgIcon-root MuiSvgIcon-fontSizeMedium MuiSelect-icon MuiSelect-iconOutlined css-1636szt" focusable="false" aria-hidden="true" viewBox="0 0 24 24"
data-testid="ArrowDropDownIcon">
<path d="M7 10l5 5 5-5z"></path>
</svg>
<fieldset aria-hidden="true" class="MuiOutlinedInput-notchedOutline css-igs3ac">
<legend class="css-ihdtdm"><span class="notranslate"></span></legend>
</fieldset>
</div>
</div>
</div>
<div class="MuiFormControl-root MuiFormControl-fullWidth css-tzsjye">
<div class="MuiFormControl-root MuiFormControl-fullWidth MuiTextField-root css-1svc7vm"><label
class="MuiFormLabel-root MuiInputLabel-root MuiInputLabel-formControl MuiInputLabel-animated MuiInputLabel-outlined MuiFormLabel-colorPrimary MuiInputLabel-root MuiInputLabel-formControl MuiInputLabel-animated MuiInputLabel-outlined css-p0rm37"
data-shrink="false" for="tel" id="label-tel" aria-label="tel">Phone Number</label>
<div class="MuiInputBase-root MuiOutlinedInput-root MuiInputBase-colorPrimary MuiInputBase-fullWidth MuiInputBase-formControl css-1bp1ao6"><input aria-invalid="false" id="tel" name="tel" type="tel" autocapitalize="on"
class="MuiInputBase-input MuiOutlinedInput-input input required css-1x5jdmq" aria-required="true" data-qe-id="sign-up-form-em-pwd-fname-tel-req-tel" data-type="tel" value="">
<fieldset aria-hidden="true" class="MuiOutlinedInput-notchedOutline css-igs3ac">
<legend class="css-yjsfm1"><span>Phone Number</span></legend>
</fieldset>
</div>
</div>
</div>
</div>
</div>
<div class="field material-ui-checkbox-field material-ui-gdpr-checkbox-field" style="display: none;">
<div class="MuiFormGroup-root css-1h7anqn"><label class="MuiFormControlLabel-root MuiFormControlLabel-labelPlacementEnd material-ui-checkbox-label-gdpr-opt-out-eu-true material-ui-checkbox-label css-dtsxn1" style="display: none;"><span
class="MuiButtonBase-root MuiCheckbox-root MuiCheckbox-colorPrimary MuiCheckbox-sizeMedium PrivateSwitchBase-root MuiCheckbox-root MuiCheckbox-colorPrimary MuiCheckbox-sizeMedium MuiCheckbox-root MuiCheckbox-colorPrimary MuiCheckbox-sizeMedium css-6fnkse"
data-qe-id="sign-up-form-em-pwd-fname-tel-req-gdpr-opt-out-eu-true"><input class="PrivateSwitchBase-input css-1m9pwf3" id="gdpr-opt-out-eu-true" name="gdprOptOutEu" tabindex="0" type="checkbox" data-indeterminate="false"
data-qe-id="sign-up-form-em-pwd-fname-tel-req-gdpr-opt-out-eu-true" value="true"><svg class="MuiSvgIcon-root MuiSvgIcon-fontSizeMedium css-vubbuv" focusable="false" aria-hidden="true" viewBox="0 0 24 24"
data-testid="CheckBoxOutlineBlankIcon">
<path d="M19 5v14H5V5h14m0-2H5c-1.1 0-2 .9-2 2v14c0 1.1.9 2 2 2h14c1.1 0 2-.9 2-2V5c0-1.1-.9-2-2-2z"></path>
</svg><span class="MuiTouchRipple-root css-w0pj6f"></span></span><span class="MuiTypography-root MuiTypography-body1 MuiFormControlLabel-label css-9l3uo3">
<div class="text-block ">
<p>Please check this box if you <b>do not want to receive emails about our products, services, or special offers.</b> (You can always revoke your consent later by using the unsubscribe link found at the bottom of every email we
send to you.)</p>
</div>
</span></label></div>
</div>
<div style="display: block;">
<div class="text-block form__text-content sign-up-form-visible-legal-t-cs">
<p>By clicking "Get Started", you agree to the
<a tabindex="0" class="text-block-link" href="" data-qe-id="sign-up-form-em-pwd-fname-tel-req-link-rog-63A-7xi" data-om-config="sign-up-form-em-pwd-fname-tel-req-link, Terms & Conditions rog-63A-7xi " title="Terms & Conditions - modal link">Terms & Conditions</a>,
and <a tabindex="0" class="text-block-link" href="" data-qe-id="sign-up-form-em-pwd-fname-tel-req-link-rog-63A-bRC" data-om-config="sign-up-form-em-pwd-fname-tel-req-link, Mail Terms of Service rog-63A-bRC " title="Mail Terms of Service - Link">Mail Terms of Service</a> and
acknowledge receipt of
our <a tabindex="0" class="text-block-link" href="" data-qe-id="sign-up-form-em-pwd-fname-tel-req-link-rog-63A-1kX" data-om-config="sign-up-form-em-pwd-fname-tel-req-link, Privacy Notice rog-63A-1kX " title="/signup- Privacy Notice - Link">Privacy Notice</a>.
</p>
</div>
</div>
<div style="display: none;">
<div class="text-block form__text-content sign-up-form-legal-t-cs-gdpr-conditional-via-page-html">
<p>You also agree to have your personal information transferred and stored in the United States, which is necessary to provide you with the services under our agreement to you.</p>
</div>
</div><button class="cta cta--large cta--citrus-3 cta__full-width" tabindex="0" data-qe-id="sign-up-form-em-pwd-fname-tel-req-submit-cta-rog-rog-43K" data-om-config="sign-up-form-em-pwd-fname-tel-req-submit-cta, Get Started rog-rog-43K "
type="submit">Get Started</button><input type="hidden" class="input" data-type="hidden" id="family-name" name="familyName" data-qe-id="sign-up-form-em-pwd-fname-tel-req-family-name" value=""><input type="hidden" class="input"
value="Organization Name" data-type="hidden" id="organization" name="organization" data-qe-id="sign-up-form-em-pwd-fname-tel-req-organization"><input type="hidden" class="input" data-type="hidden" id="partner-name" name="partnerName"
data-qe-id="sign-up-form-em-pwd-fname-tel-req-partner-name" value="ROVING"><input type="hidden" class="input" data-type="hidden" id="talon" name="eHawkTalon" data-qe-id="sign-up-form-em-pwd-fname-tel-req-e-hawk-talon"
value="{"version": "4.4", "status": 0, "timestamp": "Tue, 16 Jan 2024 16:18:45 GMT", "a": {"dst": false, "tzo": 480, "stzo": 480}, "b": "en-US", "c": 308926115, "d": "en","e": "Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/120.0.6099.216 Safari/537.36", "0": 1, "3": "1b4a1f1b6c74e27037ce1b67510684b0", "4": "", "7": "0","8":"4","6":"1", "9":"0","2":4210347726, "5": "0"}"><input
type="hidden" class="input" data-type="hidden" id="original-url" name="originalUrl" data-qe-id="sign-up-form-em-pwd-fname-tel-req-original-url" value=""><input type="hidden" class="input" data-type="hidden" id="go-to-url" name="goToUrl"
data-qe-id="sign-up-form-em-pwd-fname-tel-req-go-to-url" value=""><input type="hidden" class="input"
value="[{"applicationId":"contacts","settingName":"contacts_ui_static_rollout_plan","settingValue":"true"}]" data-type="hidden" id="account-settings" name="accountSettings"
data-qe-id="sign-up-form-em-pwd-fname-tel-req-account-settings"><input type="hidden" class="input" value="{"CTCT_Website_Signup_Origin":"signup-api","CTCT_Website_Signup_Flow":"try"}" data-type="hidden"
id="site-owner-properties" name="siteOwnerProperties" data-qe-id="sign-up-form-em-pwd-fname-tel-req-site-owner-properties"><input type="hidden" class="input" data-type="hidden" id="offer-code" name="offerCode"
data-qe-id="sign-up-form-em-pwd-fname-tel-req-offer-code" value=""><input type="hidden" class="input" data-type="hidden" id="state" name="state" data-qe-id="sign-up-form-em-pwd-fname-tel-req-state" value=""><input type="hidden" class="input"
data-type="hidden" id="province" name="province" data-qe-id="sign-up-form-em-pwd-fname-tel-req-province" value="qc"><input type="hidden" class="input" data-type="hidden" id="referral-code" name="referralCode"
data-qe-id="sign-up-form-em-pwd-fname-tel-req-referral-code" value=""><input type="hidden" class="input" data-type="hidden" id="currency" name="currency" data-qe-id="sign-up-form-em-pwd-fname-tel-req-currency" value=""><input type="hidden"
class="input" value="true" data-type="hidden" id="provisioning" name="provisioning" data-qe-id="sign-up-form-em-pwd-fname-tel-req-provisioning">
</form>Text Content
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POWERFUL EMAIL. REAL RESULTS.
Drive results with customizable templates, sign-up tools, real-time reporting,
and more.
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Email
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Password
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CA+1
Phone Number
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Please check this box if you do not want to receive emails about our products,
services, or special offers. (You can always revoke your consent later by using
the unsubscribe link found at the bottom of every email we send to you.)
By clicking "Get Started", you agree to the Terms & Conditions, and Mail Terms
of Service and acknowledge receipt of our Privacy Notice.
You also agree to have your personal information transferred and stored in the
United States, which is necessary to provide you with the services under our
agreement to you.
Get Started
WHY CONSTANT CONTACT?
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TERMS OF SERVICE
Last updated on March 15, 2023
TERMS OF SERVICE
CONSTANT CONTACT PROVIDES A VARIETY OF SERVICES SUBJECT TO THIS AGREEMENT. BY
CHECKING THE BOX OR CLICKING THE BUTTON NEXT TO A LINK TO THIS AGREEMENT ON ANY
OF OUR SIGN-UP PAGES, BY EXECUTING AN ORDER FORM OR STATEMENT OF WORK THAT
REFERENCES THIS AGREEMENT, BY SIGNING UP FOR AN ACCOUNT, BY LOGGING IN TO YOUR
ACCOUNT, BY ACCESSING ANY PART OF THE SERVICES (INCLUDING BY MEANS OF ANY API
INTERFACE), YOU, AS A CUSTOMER OF THE SERVICES OR A REPRESENTATIVE OF AN
ORGANIZATION THAT IS A CUSTOMER OF THE SERVICES (COLLECTIVELY, “YOU”), REPRESENT
AND WARRANT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS
AGREEMENT, (2) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, (3) THE INFORMATION
YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE SERVICES IS TRUE,
ACCURATE, CURRENT AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO
THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ORGANIZATION YOU HAVE NAMED AS THE
AUTHORIZED USER, AND TO BIND THAT ORGANIZATION TO THIS AGREEMENT. NOTE THAT BY
REPRESENTING AND WARRANTING TO THE ABOVE, YOU ARE MAKING A LEGALLY ENFORCEABLE
AGREEMENT.
We may change any terms of this Agreement by posting a revised Agreement and the
revised Agreement will be effective immediately upon posting or the effective
date indicated in the new Agreement, as applicable, and apply to any continued
or new use of the Services. We may change the Services, or any features of the
Services at any time, and we may discontinue the Services or any features of the
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must immediately discontinue your use of the Services. Otherwise, your continued
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that you regularly check our website to view the then-current terms.
We may refuse service, close your accounts or the accounts of any Authorized
Users, and change eligibility requirements at any time, in our sole discretion.
DEFINITIONS
For purposes of this Agreement, the following capitalized terms shall have the
meaning indicated below. Whenever the words "include", "includes" or “including"
are used in this Agreement, they shall be deemed to be followed by the words
"without limitation".
“Agreement” means these Terms of Service and any guidelines, rules or operating
policies that we post on our website(s), including our Acceptable Use Policy,
our Privacy Notice, and any other policy referenced herein, which are
specifically incorporated herein by reference, each, as may be amended,
supplemented or modified from time to time.
“Constant Contact”, "we", "us" or "our" means Constant Contact, Inc. or its
applicable subsidiaries as specified in the “Contracting Entity” section of this
Agreement.
“Intellectual Property Rights” means any and all intellectual property,
industrial property, and other proprietary rights throughout the world,
including all rights in, to, or arising out of patents, patent applications,
inventions (whether patentable or not), invention disclosures, trade secrets,
know-how, proprietary information, works of authorship, copyrights, mask works,
moral rights, trademarks, service marks, software, data, technology, layout
designs and design rights, and all registrations, applications, renewals,
extensions, or reissues of any of the foregoing.
"Order Form" means the form evidencing the initial order for Services, including
any addendum or online confirmation form, and any subsequent orders separately
entered into by you and us. Each Order Form shall be incorporated into and
become a part of this Agreement.
“Professional Services” means, collectively, any consulting, marketing, managed
design, customizations and development services specifically set forth in a
Statement of Work.
"Services" means, collectively, all our products and services and related
offerings, features and functionalities, including email and digital marketing
services, Communities and Marketplaces, Website Builder, SMS (as defined below),
and lead generation and customer relationship management services, our website
and any related sub-site, user interface designs, applications, including our
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interfaces, systems delivered or accessible through any media or device, images
that are made available by us through any email or website builder tools,
designs, templates, text, graphics, video, information, audio and other files,
support, additional services and all related materials and documentation, and
any and all enhancements and modifications thereto howsoever made, provided by
or on behalf of us to you pursuant to this Agreement.
“Statement of Work” means a statement of work or similar document mutually
agreed by Customer and us for the provision of Professional Services and that is
governed by this Agreement.
1. Provision of Services.
1.1 Access. Upon the terms and subject to the conditions of this Agreement, you
are granted a limited, non-exclusive, revocable, non-transferable,
non-sublicensable, worldwide limited right to access and use the Services. We
may, in our sole discretion, permit you to authorize additional users to use
your account(s). For purposes of this Agreement, you are the “Account Owner” and
any other users you authorize will be deemed “Authorized Users.” To the extent
applicable, Authorized Users that you appoint as your administrators shall have
the authority to act on your behalf to perform administrative duties, enter into
binding agreements and accept Fees (as defined below). You will be responsible
for all activity occurring under your account(s), including each Authorized
User’s compliance with this Agreement.
1.2 Restrictions. You will not, and will not permit any Authorized User or other
party to: (a) modify, adapt, alter, translate, or create derivative works of the
Services; (b) sublicense, lease, rent, loan, distribute, or otherwise transfer
the Services to any third party; (c) reverse engineer, decompile, disassemble,
or otherwise derive or determine or attempt to derive or determine the source
code (or the underlying ideas, algorithms, structure or organization) of the
Services, except to the extent expressly permitted by applicable law (and then
only upon advance written notice to us); (d) tamper, bypass, delete, or disable
any copy protection or security mechanisms of the Services; (e) use or
demonstrate the Services in any other way that is in competition with us; (f)
remove any notice of proprietary rights from the Services; (g) attempt to gain
unauthorized access to, or disrupt the integrity, performance or security of the
Services or the data contained therein; (h) attempt to probe, scan or test the
vulnerability of any Service or to breach the security or authentication
measures without proper authorization; (i) use or copy the Services, except as
expressly allowed herein or (j) use the Services in violation of our Acceptable
Use Policy.
1.3 Contracting Entity. The Constant Contact entity that you are contracting
with is Constant Contact, Inc., unless you have subscribed to or are subscribing
solely to our lead generation and customer relationship management services or
any or related Service, in which case, the Constant Contact entity that you are
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Agreement, the parties acknowledge that certain obligations under this Agreement
may be fulfilled by other Constant Contact subsidiaries, including Constant
Contact, Inc.
2. Use of the Services.
2.1 General Rules of Use. By agreeing to this Agreement, you agree to comply
with our Acceptable Use Policy and with the following in connection with the use
of the Services:
(a) You may not use our Services to send spam.
(b) You may not use our Services to promote or incite harm toward others or that
promote discriminatory, hateful, or harassing content. We may suspend or
terminate your account if you send or distribute content through the Services
that we determine, in our sole discretion, contains either of the following:
(i) Any statement, photograph, advertisement, or other content that in our sole
judgment could be reasonably perceived to threaten, advocate, or incite physical
harm to or violence against others; or
(ii) Any statement, image, photograph, advertisement, or other content that in
our sole judgment could be reasonably perceived to harm, threaten, promote the
harassment of, promote the intimidation of, promote the abuse of, or promote
discrimination against others based solely on race, ethnicity, national origin,
sexual orientation, gender, gender identity, religious affiliation, age,
disability, disease, or immigration status.
(c) You may not use our Services if you are a person or you are a member of an
organization that has publicly stated or acknowledged that its goals,
objectives, positions, or founding tenets include statements or principles that
could be reasonably perceived to advocate, encourage, or sponsor hateful content
or a threat of physical harm.
(d) You may not distribute content that is materially false, inaccurate, or
misleading in a way that could deceive or confuse others about important events,
topics, or circumstances.
In the event that we determine, in our sole discretion, that you are not
complying with this Section and/or our Acceptable Use Policy, we may terminate
your access to or use of the Services, disable your account or access to the
Services, and/or remove all or a portion of your content, in each case, without
notice or liability and without refund.
2.2 Username and Password. You are responsible for maintaining the security of
your account, usernames, passwords and files (including the passwords and files
that your Authorized Users, if any, have access to). You may not share your
username and/or password with other individuals. You authorize us to act on any
instructions reasonably believed by us to be authentic communications from you
or any individual who claims to be authorized by you with respect to the
management of your account. You will be solely responsible and liable for any
activity that occurs under your username and the activities of your Authorized
Users, if any, and we shall not be responsible for the actions of any
individuals who misuse or misappropriate your contact lists or other assets
using your username and password or other appropriate account identifying
information. You agree to notify us immediately of any unauthorized use or
access of your account or any other known or suspected breach of security. We
are not responsible for any losses due to stolen or hacked passwords. We do not
have access to your current password, and for security reasons, we may only
provide you with instructions on how to reset your password. We have the right
to update any of your contact information in your account for billing purposes.
We may contact you, or any Authorized User, or log-in added to your account,
based on the information provided for your account.
2.3 Account Disputes. You will not request access to, or information about, an
account that is not yours, and you will resolve any account-related disputes
directly with the other party. We decide who owns an account based on a number
of factors, including the content in that account, and the contact and profile
information listed for that account. In cases where differing contact and
profile information is present or we are unable to reasonably determine
ownership, we may require you to resolve the matter through proper channels
outside of the Company. When a dispute is identified, we may suspend any
account associated with the dispute, including disabling login and sending
capabilities, to protect the security and privacy of the data held within the
account until the dispute is properly resolved.
2.4 Equipment. You are responsible for obtaining and maintaining any equipment
and ancillary services needed to connect to, access or otherwise use the
Services, including modems, hardware, servers, software, operating systems,
networking, web servers (together, the “Equipment”). You are also responsible
for maintaining the security of the Equipment and for all uses of the Equipment
with or without your knowledge or consent.
2.5 Backups. You are responsible for making frequent backup copies of your
contacts and content. We are not obligated to provide you with a way to download
or otherwise export your contacts and content out of the Services.
2.6 Communities and Marketplace. Communities and Marketplace. The Services may
contain areas where you may be able to publicly post information or communicate
with others (for example, discussion boards or blogs), review products and
merchants and otherwise submit content, including the Constant Contact Community
and the Constant Contact Marketplace (the “Communities”). You agree to abide by
the Constant Contact Community Terms of Use with respect to your use of the
Constant Contact Community and the Constant Contact Marketplace Terms Use with
respect to your use of the Constant Contact Marketplace. Any information you
post may be accessible to anyone with internet access, and any personal or other
information you include in your posting may be read, collected and used by
others.
2.7 Footers. For every listing, message or campaign sent or distributed via the
Services, you agree that we may add a link to the Services and a statement such
as “Email Marketing by Constant Contact”, “Powered by Constant Contact” or
similar statements in the footer or other similar location that does not
unreasonably obscure the message or campaign.
2.8 LogoMaker. If you elect to use the functionality in our Services to create a
logo or design for your use (any such service from time to time, “LogoMaker”),
you acknowledge that LogoMaker uses certain elements, including colors, fonts,
icons, and other designs that we also make available to our other customers.
Any logo created by LogoMaker may be similar or identical to logos created by
our other customers who use LogoMaker. LOGOS CREATED BY LOGOMAKER ARE PROVIDED
ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND WE MAKE NO WARRANTIES THAT THE LOGOS
DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. It is your
responsibility to determine (a) whether any logo created by LogoMaker is subject
to any third party rights and (b) whether you may use and/or register your logo
as a trademark. You may not assign or resell your LogoMaker logo to any third
party, and you may not challenge the use or registration of any other logo
created by LogoMaker on behalf of our other customers.
2.9 Domain Names. In the event you register a domain through our Website Builder
Service, you are subject to the Constant Contact Website Builder Domain
Registration Agreement and the Domain Name Renewal Notification Policy.
2.10 Short Message Service (“SMS”). In the event you use the SMS as part of the
Services, you are subject to our Text Messaging Terms and Conditions of Use.
2.11 Automated Data Collection. You consent to us collecting data from your
website, including websites not provided, maintained, or hosted by us, through
automated means, such as through harvesting bots, robots, spiders, or scrapers
("Automated Data Collection") and the use of that data for internal business
purposes, including to provide you with automatic email templates and to better
understand our customer base. We will not use Automated Data Collection to
collect data from your website if you have set the /robots.txt file to disallow
such collection.
2.13 Delivery of Content. You understand that not all content, including
messages and campaigns, sent through the Services will be received by or will be
capable of being viewed by their intended recipients or will be viewable by your
recipients in the same way they appear in our Services environment. You further
understand that delivery of content by means of the Services may involve
transmissions over various networks, and that the content could be reformatted
or otherwise revised to conform to the formatting or technical requirements of
such networks. You also understand and agree that content exceeding maximum
character limitations may be truncated, abbreviated, reduced or otherwise
abruptly cut short.
2.14 Assistance. You acknowledge that we may from time to time provide you with
marketing advice and other coaching, template design, frequently asked questions
and general tips on best practices and compliance with applicable law,
including, any sample offer terms or any automated and artificial intelligence
generated content. You acknowledge that such assistance and information is
provided as a convenience to you and that such assistance and information are
not intended to and do not constitute legal advice and that no attorney-client
relationship is formed.
3. Monitoring and Suspension. Although we have no obligation to monitor the
content provided by you or your use of the Services, including Your Products (as
defined below), we may do so. We shall be entitled, without liability to you, to
immediately suspend, terminate or limit your access to the Services at any time,
delete or confiscate all or a portion of your contacts, files, content, and/or
domain name registrations and/or terminate this Agreement for any reason in our
sole discretion, including a determination by us that (a) the Services are being
used by you, or your Authorized Users, in violation of any applicable laws or
regulations or this Agreement, including our Acceptable Use Policy and Privacy
Notice, (b) the Services are being used by you in an unauthorized,
inappropriate, or fraudulent manner, (c) the use of the Services by you
adversely affects our equipment or service to others, (d) we are prohibited by
an order of a court or other governmental agency from providing the Services,
(e) there is a security incident or other disaster that impacts the Services or
the security of the Services, your account or your content, or (f) any amount
due under this Agreement is not received by us within fifteen (15) days after it
was due. You further understand and agree that we and any applicable third
party that supports, posts, publishes or distributes any content provided by
you, including content provided through Your Products, has the right to
reformat, edit, monitor, reject, block or remove any such content at any time or
for any other reason.
4. Professional Services. If, at your request, we agree to perform Professional
Services for your benefit, the parties will execute a Statement of Work. Each
Statement of Work will be governed by this Agreement. Any conflict between this
Agreement and a Statement of Work will be resolved in favor of such Statement of
Work solely with respect to the professional or consulting services described
therein.
5. Your Products.
5.1 The Services may permit you to, among other things, (a) create an e-commerce
store (“Store”) for selling your products and/or services (“Store Content”), (b)
book appointments with your users (“Appointments”), (c) communicate about or
administer contests, competitions, sweepstakes, or other similar promotional
events (“Promotions”), (d) sell your products and services and tickets to your
events to your subscribers and others in the form of various promotional deals,
coupons, tickets, vouchers, passes or cards (each, a “Deal”), or (e) collect
donations (each a “Donation Campaign,” and together with Store, Store Content,
Appointments, Promotions, collectively, “Your Products”).
5.2 You are solely responsible for Your Products, including any and all
injuries, illnesses, damages, claims, liabilities and costs suffered in respect
thereto. You shall be responsible for all costs of procuring and delivering Your
Products, including any associated shipping, taxes and any other fees associated
therewith.
5.3 You will be solely responsible for any and all statements and promises you
make and for all user assistance, warranty and support of Your Products, and to
comply with any promises you make to your customers, users, donors and donees.
You further agree to provide your contact information for any end-user
questions, complaints or claims. To the extent applicable, you shall ensure that
the rules for each Promotion (a) state that each entrant or participant
unconditionally releases us of any liability arising from the Promotion, and (b)
inform each entrant or participant that the Promotion is in no way sponsored,
endorsed or administered by, or associated with, us.
6. Communication With You.
6.1. We reserve the right to send messages to you to (a) inform you of changes
or additions to the Services, this Agreement or the Fees (defined below), (b) to
inform you of violations of this Agreement or actions relating to your access
and use the Services, or (c) for marketing and other purposes. You may
unsubscribe from our marketing communications at any time, although you will
continue to receive transactional messages from us.
6.2 You acknowledge that we may contact you via telephone (either by a live
person, automatic dialer, prerecorded message or a combination of the foregoing)
to discuss the Services and you consent to such contact. Further, you consent to
receive such phone calls at the telephone number you entered in your account.
You do not need to agree to this provision in order to use or procure the
Services and if you would like us not to contact you by telephone, please send
an email to donotcall@constantcontact.com. Upon request, we may also contact you
via telephone (including by automatic dialer or prerecorded message) or text you
in order to provide you with your password or other information you request.
6.3 You agree that we may, but are not obligated to, monitor or record any of
your telephone conversations and chat texts with us for quality control
purposes, for purposes of training our employees, and for our own protection.
You further agree that any Authorized Users or anyone else you authorize to use
your account consents to such monitoring or recording as well. You acknowledge
that not all telephone lines or calls may be recorded by us and that we do not
guarantee that recordings of any particular telephone calls will be retained or
are capable of being retrieved or even if retained and retrievable will be made
available to you.
7. Intellectual Property.
7.1 We own and shall retain all right, title and interest in and to all
Intellectual Property Rights in the Services and Professional Services. Except
as expressly set forth herein, no express or implied license or right of any
kind is granted to you regarding the Services or Professional Services,
including any right to obtain possession of any software, source code, data or
technical material related to the Services or Professional Services. Any use of
the Services other than as specifically authorized herein, including our
Acceptable Use Policy, is prohibited and will automatically terminate your
rights with respect to your use of the Services and Professional Services.
7.2 You own any information that you provide to us in connection with your use
of the Services, such as contact lists (including email addresses and phone
numbers of your contacts) and other content (including your website)
(collectively, “Customer Data”). You grant us a limited, non-exclusive,
royalty-free, worldwide license, with the right to sublicense, use, reproduce,
publish, distribute, perform and display your Customer Data in order (a) to
provide the Services under this Agreement, (b) to develop services, and (c) to
comply with any court order, legal process, law, regulation or any request from
a governmental, regulatory or supervisory body. We may use and disclose
aggregated data that does not identify Customer or any natural person for our
legitimate business purposes, including improvements to the Services, product
development, research and marketing.
7.3 You are solely responsible for the accuracy, quality, integrity, legality,
reliability and appropriateness of Customer Data, and you are responsible for
maintaining, securing and storing your contacts and content in accordance with
applicable law and any contractual obligations you may have (including this
Agreement).
7.4 If you submit any suggestions, business information, ideas, concepts or
inventions or content to us through the Services or otherwise (“Submissions”),
you agree that each such Submission is non-confidential for all purposes and you
automatically grant, or warrant that the owner of such content or intellectual
property has expressly granted, us a non-exclusive, royalty-free, perpetual,
irrevocable, worldwide license, with the right to sublicense, to use, reproduce,
create derivative works from, modify, publish, edit, translate, distribute,
perform and display such Submission in any manner or in any media now known or
hereafter created.
8. Fees; Payment; Taxes.
8.1 Fees. In consideration for the Services and Professional Services, you agree
to pay us the then-current fees set forth in the “Account“ section of your
account unless otherwise set forth in an applicable Order Form or Statement of
Work (“Fees”). We may change any of our Fees at any time by posting a new
pricing schedule to the Services or in your account and/or sending you a
notification by email. You are responsible for reviewing the Fees from time to
time and remaining aware of the Fees charged by us and any applicable discounts.
You acknowledge and agree that our measurements are the definitive measurements
for any payment due and owed hereunder.
8.2 Other Billing Arrangements. If you receive the Services by means of one of
our resellers or partners (each, a “Reseller”), the Reseller may be responsible
for billing you for the Services and you may be subject to a different fee
schedule and additional terms and conditions. You are responsible for reviewing
your fee schedule and any additional terms and conditions. In the event of any
conflict between this Agreement and the Reseller’s terms and conditions, this
Agreement shall control except with respect to the payment provisions set forth
in this Section. If you cease to be a customer of a Reseller, any special
pricing, benefits or terms may no longer be available to you. We may rely on
information provided by the Reseller, if any, with respect to the status of your
account.
8.3 Disputes. Notwithstanding anything set forth herein to the contrary, any
disputes about any charges to you under this Agreement or applicable Order Form
or Statement of Work must be submitted to us in writing within sixty (60) days
of the date such charges are incurred. You agree to waive all disputes not
brought within the sixty (60) day period, and all such charges will be final and
not subject to challenge.
8.4 Payment. We will charge you the Fees for the Services in advance, unless
otherwise set forth in an applicable Order Form. We will charge you the Fees
for Professional Services as set forth in an applicable Statement of Work.
Payment shall be made by a payment method accepted by us. Fees are only payable
in the currencies made available to you when you purchase the Services or as set
forth in the applicable Order Form or Statement of Work. Checks (including
e-checks or those sent by mail) may be accepted for prepayments of at least six
(6) months. If you are paying by credit card, (a) you hereby irrevocably
authorize us to charge the credit card or other payment method provided for any
such amounts when due, (b) amounts due will be automatically charged, (c) if
your credit card is declined, we will attempt to reach out to you for a new
payment method, and (d) if your credit card expires, you hereby give us
permission to submit the credit card charge with a later expiration date. If we
fail to resolve an issue with you resulting from a credit card decline or
expiration, we may terminate the account due to non-payment. Late payments,
including those resulting from credit card declines, may accrue interest at a
rate of one and one-half percent (1.5%) per month, or the highest rate allowed
by applicable law, whichever is lower. If we must initiate a collections process
to recover Fees due and payable hereunder, then we shall be entitled to recover
from you all costs associated with such collections efforts, including
reasonable attorneys’ fees.
8.5 Taxes. “Tax” or “Taxes” means all applicable taxes, including indirect taxes
such as goods and services tax (“GST”), value added tax (“VAT”), sales tax,
fees, duties, levies, or other similar taxes. Unless otherwise stated, any Fees
or any other amounts are exclusive of Taxes. In the event that any amount
payable by you to us is subject to Taxes, we will collect the full amount of
those Taxes from you and the collection shall not reduce or somehow impact the
amount to which we are entitled. You must pay any applicable Taxes. In the event
that any payments and/or amount payable by you to us is subject to (a) any
withholding or similar tax, (b) any Taxes not collected by us, or (c) any other
Taxes or other government levy of whatever nature, the full amount of that Tax
or levy shall be solely your responsibility and shall not reduce the amount to
which we are entitled under this Agreement. You will reimburse us and indemnify
and hold us harmless against any and all claims by any competent tax authority
related to any Taxes, including withholding or similar Taxes, penalties and/or
interest that we may be compelled to pay on account of your non-payment.
9. Compliance with Laws.
9.1 You represent and warrant that your use of the Services, including in
connection with Your Products, will comply with all applicable laws and
regulations. You are responsible for determining whether the Services are
suitable for you to use in light of your obligations under any applicable laws
or regulations. You may not use the Services for any unlawful or discriminatory
activities, including acts prohibited by the Federal Trade Commission Act, Fair
Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to
commerce.
9.2 If you collect any personal information pertaining to a minor and store such
information within your account, you represent and warrant that you have
obtained valid consent for such activities according to the applicable laws of
the jurisdiction in which the minor lives.
10. Privacy.
10.1 Privacy Laws. Each party shall comply with all laws and regulations of the
relevant jurisdictions that apply to its respective performance of obligations
and exercise of rights under this Agreement, including the Regulation (EU)
2016/679 of 27 April 2016, General Data Protection Regulation (the “GDPR”), the
California Consumer Privacy Act (the “CCPA”), as amended by the California
Privacy Rights Act (the “CPRA”), Brazil’s Lei Geral de Proteção de Dados
Pessoais (“LGPD”), and other U.S. federal or state data privacy and data
protection laws, and related implementing regulations (collectively, “Data
Privacy Laws”).
10.2 Customer Warranties. You warrant that (a) you have complied, and shall
continue to comply, with Data Privacy Laws in your collection, processing and
provision to us of personal information; and (b) you shall not process any
personal information using the Services, or permit us to process any personal
information, in breach or contravention of any order issued to, or limitation of
processing imposed on, you by any regulatory authority.
10.3. Privacy Notice. Please read our Privacy Notice for information regarding
how we collect, use, and disclose your personal information and personal
information in Customer Data, and the privacy rights available to you when you
use and interact with the Services
10.4 Data Processing Addendum. To the extent we process your contacts’ or
customers’ personal information that is protected by Data Privacy Laws as a
processor on your behalf (all as defined in our Data Processing Addendum
(“DPA”)), you and us will be subject to and comply with the DPA, which is
incorporated into and forms an integral part of this Agreement. The DPA sets
out our obligations with respect to data protection and security when processing
your personal information on your behalf in connection with the Services.
10.5 Sensitive Information. You will not import or incorporate into any contact
lists or other content you upload to our servers any of the following
information: social security numbers; national insurance numbers; credit card
numbers; passwords; security credentials; protected health information; or
nonpublic personal information of any kind. If you are a covered entity under
the Health Insurance Portability and Accountability Act of 1996 and you believe
the content you import to our servers may constitute protected health
information due to its association with your account, you should contact us at
legal@constantcontact.com to request a business associate agreement (“BAA”)
prior to using the Services with your contacts. Whether or not we enter into a
BAA with you, this Agreement, including the prohibition on importing or
incorporating nonpublic personal information, remain in effect for your account.
You agree not to import or incorporate any protected health information in the
Services other than the fact that the individuals on your contact lists may have
a relationship with your business.
10.6 Customer Privacy Notice. You will adopt and comply with a legally
sufficient “customer privacy notice.” Your privacy notice will be posted so that
your contacts have notice of your data collection and use practices, including
your practices with respect to contact data that you obtain from us, and will
otherwise comply with Data Privacy Laws. We have provided you with information
regarding our use of contact data in our Customer Contact Data Notice, which may
be modified by us from time to time. Your customer privacy notice will either
adopt the Customer Contact Data Notice or include substantially similar
disclosure (and update such disclosure from time to time) so that your contacts
are aware of how their data is used by you and us.
11. Unsubscribe. Every email message sent in connection with the Services must
contain an “unsubscribe” link that allows contacts to remove themselves from
your mailing list and a link to the then-current Customer Contact Data Notice
description. Each such link must remain operational for at least sixty (60) days
after the date on which you send the message, and must be in form and substance
satisfactory to us. You agree that you will not remove, disable or attempt to
remove or disable either link. You shall monitor and process unsubscribe
requests received by you directly within ten (10) days of submission and update
the email addresses to which messages are sent through your account. You cannot
charge a fee, require the recipient to give you any personally identifying
information beyond an email address, or make the recipient take any step other
than sending a reply email or visiting a single page on an Internet website as a
condition for honoring an unsubscribe request. As required under the CAN-SPAM
Act and other applicable laws, you acknowledge that you are responsible for
maintaining and honoring the list of unsubscribe requests following termination
of your account and this Agreement.
12. Term and Termination.
12.1 Term and Automatic Renewal. The term of this Agreement shall be monthly, or
to the extent applicable, the period specified in your Order Form (the “Initial
Term”). The Initial Term shall automatically renew for additional monthly
periods or as specified in your Order Form (each a “Renewal Term”, and together
with the Initial Term, the “Term”).
12.2 Termination. To terminate your account or subscription for any of the
Services, you must request termination at least thirty-one (31) days prior to
the end of the current Term by calling Customer Support. Except as otherwise
agreed to by us in writing, there are no refunds for any pre-paid Fees. We may
terminate this Agreement at any time without cause. WE ARE NOT RESPONSIBLE FOR
YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND/OR SUBSCRIPTION TO THE
SERVICES OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT
OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND/OR SUBSCRIPTION.
12.3 Effect of Termination or Expiration. Upon termination or expiration of your
account and/or subscription for the Services, this Agreement and any rights or
licenses granted to you hereunder shall immediately terminate, except that (a)
all sections of this Agreement that by their nature should survive termination
will survive termination, including, Sections 7- 10, 12-15, and 19, and (b) you
will continue to be responsible for redemption of coupons and fulfillment for
Store Content sold or Promotions and Deals run prior to such termination in
accordance herewith and any promises you made with respect to the funds
associated with any Donation Campaigns. Under the CAN-SPAM Act, Canada’s
Anti-Spam Legislation and the GDPR, as applicable, you acknowledge that you are
responsible for maintaining and honoring the list of unsubscribe requests
following termination of your account and/or subscription. If your account is
classified (in our sole discretion) as inactive for over 120 days, we have the
right to permanently delete any of your contacts and content.
13. Indemnification. You hereby agree to defend, indemnify and hold us, our
officers, directors, employees, affiliates, subsidiaries, licensors, agents,
members, sponsors, investors, agents, and representatives (each, an “Indemnified
Party”) harmless from any losses, damages, judgments, fines, reasonable
attorneys’ fees, and costs, in connection with any third party claims arising
out of or relating to (a) any actual or alleged breach by you of this Agreement,
(b) your contacts and content, including the content or effects of any messages
you distribute, websites you publish, events you host, surveys you administer,
social media campaigns you publish, or Your Products (including claims relating
to violations of law, false advertising, injuries, illness, damages, death,
taxes, fulfillment, defective products or services or unclaimed property), or
(c) otherwise arises from or relates to your use of the Services. Any
settlement that does not fully release the Indemnified Party from liability or
which would impose any monetary, injunctive or other obligation or restriction
upon the Indemnified Party shall be subject to the Indemnified Party's prior
written approval. The Indemnified Party may participate in the defense of the
claim with counsel of its choosing at its expense; provided, that if you fail to
promptly assume the defense or settlement of the claim, the Indemnified Party
may assume sole control of the defense of the claim at your expense.
14. Representation and Warranties.
14.1 You represent and warrant that (a) you have all necessary rights and
consents to post and distribute Your Products and the Customer Data through the
Services, (b) that Your Products and Customer Data will (i) not infringe,
misappropriate, or otherwise violate the Intellectual Property Rights or other
rights of any third party, (ii) not constitute defamation, invasion of privacy
or publicity, or otherwise violate any similar rights of any third party, (iii)
not be used in any activity in violation of the law or to promote such
activities, including a manner that might be illegal or harmful to any person or
entity, and (iv) comply with applicable industry standards, and (c) that your
use of the Services will not violate any rules, restrictions, policies, or
requirements of your email service provider, internet service provider or other
applicable service provider.
14.2 Warranty Disclaimer; Remedies; Release.
(i) YOU EXPRESSLY AGREE THAT THE SERVICES (INCLUDING ANY CUSTOM SERVICE
OFFERINGS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE
SERVICES, INCLUDING IN CONNECTION WITH YOUR PRODUCTS, AND ANY RELIANCE BY YOU
UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR
RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE, NOR DO WE MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO
STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS
OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN
THIS AGREEMENT.
(ii) NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE
DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE
REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE FOR US TO USE
COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES.
(iii) TO THE EXTENT APPLICABLE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR
LIABILITY RELATED TO (A) YOUR PRODUCTS, (B) ANY CONTENT POSTED ON OUR SERVICES
OR IN ANY MATERIALS YOU SEND USING THE SERVICES, AND (C) ANY PROBLEMS THAT MAY
ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO
OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES. YOU HEREBY
WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND
ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH
JURISDICTION).
15. Limitation of Liability.
15.1 EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO OUR GROSS
NEGLIGENCE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
CONSTANT CONTACT OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS,
ACCOUNT PROVIDERS, LICENSORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS
“CONSTANT CONTACT”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES,
WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL
DAMAGES, EVEN IF CONSTANT CONTACT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF
ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY TO YOU ARISING IN CONNECTION WITH
THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE
SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM,
LESS ANY DAMAGES PREVIOUSLY PAID BY US TO YOU IN THAT TWELVE (12) MONTH PERIOD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
15.2 You agree that we have set our Fees and entered into this Agreement in
reliance upon the disclaimers of warranty and the limitations of liability set
forth herein, that they reflect an allocation of risk between the parties
(including the risk that a contract remedy may fail of its essential purpose and
cause consequential loss), and that they form an essential basis of the bargain
between the parties.
16. Restricted Persons; Export of the Services or Technical Data. The Services
are subject to export control and economic sanctions laws and regulations
administered or enforced by the U.S. Department of Commerce, U.S. Department of
Treasury’s Office of Foreign Assets Control (“OFAC”), U.S. Department of State,
and other U.S. authorities (collectively, “U.S. Trade Laws”). You may not use
the Services to export or re-export, or permit the export or re-export, of
software or technical data in violation of U.S. Trade Laws. In addition, by
using the Services, you represent and warrant that you are not (a) an
individual, organization or entity organized or located in a country or
territory that is the target of OFAC sanctions (including Cuba, Iran, Syria,
North Korea, or the Crimea region of Ukraine), (b) designated as a Specially
Designated National or Blocked Person by OFAC or otherwise owned, controlled, or
acting on behalf of such a person, (c) otherwise a prohibited party under U.S.
Trade Laws, or (d) engaged in nuclear, missile, chemical or biological weapons
activities to which U.S. persons may not contribute without a U.S. Government
license. Unless otherwise provided with explicit written permission, we do not
register, and prohibit the use of any of the Services in connection with, any
Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that
is the target of OFAC sanctions.
17. Third Party Websites and Services.
17.1 The Services contain links to websites operated by third parties, including
our partners and Resellers and third-party suppliers and providers, which may
include marketing and advertising services, social bookmarking services, social
network platforms, publication and delivery services, payment processing
services and other payment intermediaries or websites (each, a “Third Party
Service”), some of which may have established relationships with us and some of
which may not. We do not have control over the content and performance of Third
Party Services. We have not reviewed, and cannot review or control, the
material, including computer software or other goods or services, made available
on Third Party Services, and we do not represent, warrant, or endorse any Third
Party Services, or the accuracy, currency, content, fitness, lawfulness, or
quality of the information, material, goods, or services available through Third
Party Services. We disclaim, and you agree to assume, all responsibility and
liability for any damages or other harm, whether to you or to third parties,
resulting from your use of Third Party Services. We may terminate any Third
Party Services' ability to interact with the Services at any time, with or
without notice, and in our sole discretion, with no liability to you or to any
third party.
17.2 You agree to abide by the terms and conditions of any applicable Third
Party Service (including Facebook, Paypal, Google and Apple). Notwithstanding
anything set forth herein to the contrary, you will abide by this Agreement
regardless of anything to the contrary in your agreement with any third party
and you shall not use such Third Party Service to avoid the restrictions set
forth in this Agreement
18. Notice and Take Down Procedures.
18.1 If you believe any materials accessible on or from the Services infringe
your copyright or other intellectual property, you may request removal of those
materials (or access thereto) from the Services by contacting our copyright
agent (identified below) and providing the following information:
(i) Identification of the copyrighted work that you believe to be infringed.
Please describe the work, and where possible include a copy or the location (for
example, the URL) of an authorized version of the work.
(ii) Identification of the material that you believe to be infringing and its
location. Please describe the material, and provide us with its URL or any other
pertinent information that will allow us to locate the material.
(iii) Your name, address, telephone number and (if available) email address.
(iv) A statement that you have a good faith belief that the complaint of use of
the materials is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information that you have supplied is accurate, and
indicating that “under penalty of perjury,” you are the copyright owner or are
authorized to act on the copyright owner’s behalf.
(vi) A signature or the electronic equivalent from the copyright holder or
authorized representative.
Our agent for copyright issues relating to the Services is as follows:
Compliance Manager
Constant Contact, Inc.
1601 Trapelo Road
Waltham, MA 02451
Phone: (781) 472-8100
Email: DMCA@constantcontact.com
For all email submissions please include the subject line: DMCA Takedown
Request.
18.2 In an effort to protect the rights of copyright owners, we maintain a
policy for the termination, in appropriate circumstances, of our customers who
are repeat infringers.
19. Miscellaneous.
19.1 Full Force and Effect. If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full
force and effect and enforceable.
19.2 Entire Agreement. Each party agrees that this Agreement, together with any
Order Form or Statement of Work entered into by the parties, is the complete and
exclusive statement of the mutual understanding of the parties and supersedes
and cancels all previous written and oral agreements, communications and other
understandings relating to the subject matter of this Agreement and any Order
Form or Statement of Work entered into by the parties pertaining to such subject
matter, and that all waivers and modifications must be in writing signed by both
parties, except as otherwise provided herein. However, in the event of a
conflict between the provisions of this Agreement and any Order Form or
Statement of Work entered into by the parties, the terms of such Order Form or
Statement of Work, as applicable, shall prevail. No delay or omission by either
party in exercising any right or remedy under this Agreement, an Order Form or
Statement of Work, or existing at law or equity shall be considered a waiver of
such right or remedy.
19.3 Assignment. You may not assign any of your rights hereunder. We may assign
all rights to any other individual or entity in our sole discretion.
19.4 Further Assurances. You agree to execute any and all documents and take any
other actions reasonably required or necessary to effectuate the purposes of
this Agreement.
19.5 Force Majeure. We are not liable for any failure, default or delay in the
performance of any part of the Services or of our obligations under this
Agreement if such default or delay is caused, directly or indirectly, by forces
beyond our reasonable control, including fire, flood, acts of God, changes to
law or regulations, embargoes, labor disputes, accidents, insurrection,
epidemic, pandemic, acts of war (declared or undeclared) or terrorism, riots,
interruptions of transportation or communications, supply shortages or the
failure of any third party to perform any commitment relative to the production
or delivery of any equipment or material required for us to perform our
obligations hereunder, including acts of hackers or third-party internet service
providers.
19.6 Third Party Beneficiaries. Our affiliates, underlying service providers,
business partners, third-party suppliers and providers, account providers,
licensors, officers, directors, employees, distributors and agents are expressly
made third party beneficiaries of this Agreement. Except as set forth in the
immediately preceding sentence, nothing express or implied in this Agreement is
intended to confer, nor shall anything herein confer, upon any person other than
the parties and the respective permitted successors or assigns of the parties,
any rights, remedies, obligations or liabilities whatsoever.
19.7 Titles. The titles of the paragraphs of this Agreement are for convenience
only and have no legal or contractual effect.
19.8 Relationship of the Parties. Nothing contained in this Agreement shall be
construed as creating any agency, partnership, joint venture, or other form of
joint enterprise, employment, or fiduciary relationship between the parties.
Neither party, by virtue of this Agreement, will have any right, power, nor
authority to act or create an obligation, express or implied, on behalf of the
other party.
19.9 Attorneys’ Fees. In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover its costs and
attorneys’ fees.
19.10 Governing Law and Legal Actions. You hereby submit to the exclusive
jurisdiction of the American Arbitration Association (“AAA”) in connection with
any dispute relating to, concerning or arising out of this Agreement, whether in
contract, tort, fraud, misrepresentation or any other legal theory. The
arbitration will be conducted before a single arbitrator and will be held at the
AAA location in Boston, Massachusetts, unless you are a “consumer” as defined
under the AAA rules. Disputes with consumers, as therein defined, will be
resolved by binding arbitration conducted under the AAA’s Consumer Arbitration
Rules, as applicable. Consumers may request that the arbitration occur in or
near the city/state stated in your account record with us. The procedures for
commencing an arbitration are available here (provided however, that you may
assert claims in small claims court, if your claims qualify and so long as the
matter remains in such court only on an individual, non-class basis).
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY
JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS,
SUBSCRIBERS OR USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A
REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Only a court, and not an arbitrator, shall determine the validity and effect of
the class action waiver. Even if all parties have opted to litigate a claim in
court, you or we may elect arbitration with respect to any claim made by a new
party or any new claims later asserted in that lawsuit. Payment of all filing,
administration and arbitrator fees will be governed by the AAA’s rules, unless
otherwise stated in this Section. In the event you are able to demonstrate that
the costs of arbitration will be prohibitive as compared to the costs of
litigation, we will pay as much of your filing, administrative, and arbitrator
fees in connection with the arbitration as the arbitrator deems necessary to
prevent the arbitration from being cost-prohibitive. No arbitration award or
decision will have any preclusive effect as to issues or claims in any dispute
with anyone who is not a named party to the arbitration. If you initiate a
litigation or any other proceeding against us in violation of this paragraph,
you agree to pay our reasonable costs and attorneys’ fees incurred in connection
with its enforcement of this paragraph. The parties shall maintain the
confidential nature of the arbitration proceeding and any award, including the
hearing, except as may be necessary to prepare for or conduct the arbitration
hearing on the merits, or except as may be necessary in connection with a court
application for a preliminary remedy, a judicial challenge to an award or its
enforcement, or unless otherwise required by law or judicial decision. This
Agreement and the rights of the parties hereunder shall be governed by and
construed in accordance with the laws of the Commonwealth of Massachusetts,
exclusive of conflict or choice of law rules. The parties acknowledge that this
Agreement evidences a transaction involving interstate commerce. Notwithstanding
the provision in the preceding paragraph with respect to applicable substantive
law, any arbitration conducted pursuant to the terms of this Agreement shall be
governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
19.11 Equitable Relief. Your violation of this Agreement may cause irreparable
harm to us. Therefore, we have the right to seek injunctive relief or other
equitable relief if you violate this Agreement.
19.12 Additional Information. If you have any questions about the rights and
restrictions above, or would like to report any inaccuracies or errors, please
contact us by email at legal@constantcontact.com.
20. Additional Terms.
* Accessibility Statement
* Cookie Notice
* Information Security Policy
* Website Builder Terms
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CONSTANT CONTACT® MAIL TERMS OF SERVICE
By becoming a Constant Contact account holder, you agree to receive periodic
product announcements and account notifications from us. Cancel these
communications at any time by clicking the unsubscribe link in the footer of the
actual email. Constant Contact Inc. 1601 Trapelo Road Waltham, MA 02451
www.constantcontact.com
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CONSTANT CONTACT PRIVACY NOTICE
Last Updated: August 29, 2023
ABOUT US
Constant Contact, Inc. (together with its subsidiaries, “Constant Contact”, “us”
or “we”) is a leading provider of email and digital marketing services and lead
generation and customer relationship management services to businesses,
nonprofits, and other organizations. We refer to the products and services that
are ordered by our customers (“Customers”) and provided by or on behalf of us to
our Customers pursuant to the Terms of Service here, as the “Services.”
Our Services help our Customers provide timely and relevant marketing and
communications on a cross-media basis. Our Customers can upload contact lists
and use our platform to reach their own customers and others through email and
other channels. Personal information and other data submitted by or on behalf of
a Customer in connection with the Services, including contact lists (which may
include email addresses and other information for a Customer’s contacts) and
content (including the content of a Customer’s campaigns) (collectively,
“Customer Data”), belongs to and is controlled by our Customers. Constant
Contact acts as a service provider or processor to its Customers, including when
we offer to Customers various Services through which our Customers (or their
affiliates): (i) create their own applications running on our platforms; (ii)
sell or offer their own products and services; (iii) send electronic
communications to their contacts through our Services; or (iv) otherwise
collect, use, share or process personal information via our Services.
When acting in this capacity, we process Customer Data on behalf of our
Customer, and we have no direct relationship with the end-users who use our
Customers’ services or products or visit our Customers’ websites. Constant
Contact does not process Customer Data except as provided in our Terms of
Service with our Customers, available here.
The Customer Data that we handle on behalf of our Customers is not collected on
our websites, but rather through our Customers’ independent use of our platform.
For example, our Customers may use our platform to encourage their contacts to
sign up for their email lists. Emails sent from the Constant Contact platform
include single pixel gifs, also known as web beacons, which contain unique
identifiers that enable us and Customers to recognize when their contacts have
opened an email or clicked certain links. These technologies record each
contact’s email address, IP address, date, and time associated with each open
and click for an email campaign. We use this data at our Customers’ direction to
create reports for our Customers about how an email campaign performed and what
actions their contacts took and to analyze, customize and enhance our Customers’
communications and strategies. For more information about how we process
Customer Data, please review our Customer Contact Data Notice.
We are not responsible for the privacy or data security practices of our
Customers, including with respect to the personal information they collect or
upload to our Services. If you are an end user of one of our Customers whose
personal information we process and you are seeking to exercise your data
rights, you should contact our Customer directly.
INFORMATION COVERED BY THIS PRIVACY NOTICE
This privacy notice and our Cookie Notice collectively provide details about our
practices relating to personal information collected from or about visitors to
our websites, our Customers, and others who interact or engage with the Services
(collectively, our “Users” or “you”). It describes how your personal information
is collected, used and shared by us in the course of the provision of the
Services and operating our website and our business.
This privacy notice only applies to our Users’ personal information. It does
not apply to any of our Customers’ contacts’ personal information included in
the Customer Data.
In addition to this privacy notice, the following addenda related to individuals
in certain locations also may apply to your purchase or use of Services where
applicable. These addenda are a part of this privacy notice:
* GDPR Addendum for Users in the European Economic Area & the UK
INFORMATION WE COLLECT FROM YOU
In the course of your visits to our websites and applications, and/or your
purchase, registration, or use of the Services, we collect and have collected in
the preceding 12 months, the information about you, described below. We collect
this information for the purposes described under “How We Use Your Information”.
Category of Personal Information Collected
Examples
Information and Identifiers About You
Name, address, phone number, email address, employer name, job title, or other
similar identifiers, information you permit us to see when interacting with us,
including through social media, or comments and opinions you provide to us such
as when you post on message boards, blogs or complete an online form.
Commercial Information
Services purchased and information relating to your use of our Services.
Financial Information
Payment information, including credit card data that you provide to us (by way
of our Services or otherwise) when you purchase Services.
Internet/Network Information
IP address, browser type and version, type of device you use, operating system
version, and device identifier, geographic location (such as country, state,
latitude and longitude), pages you view, how you got to our Services and any
links you click on to leave our Services, when you update your information,
communicate with us, or order new Services; metadata and user behavioral metrics
about your use of our Services and emails we send to you (including clicks and
opens), metadata about how your customers, contacts, and users interact with our
websites, your interactions with any videos we offer; issues you encounter
requiring our support or assistance.
Tracking Technologies
Cookies, web beacons, pixels, tags, scripts and other similar technologies
(“Tracking Technologies”). For more information, see our Cookie Notice.
Our Interactions with You
Information that you may provide during your telephone conversations with us,
which we may monitor or record, or in other forms of communication such as
email, short message services and/or multi-media services (“Texts”) and virtual
chatbots and the third party technology used to operate the chatbots.
Inferences
Other members of the Constant Contact corporate family; our partners; third
party service providers and vendors; in connection with a sale, merger,
acquisition or corporate reorganization; and legal or regulatory authorities and
other relevant third parties for legal reasons.
Survey Information
If you complete optional surveys that we use for research purposes, we shall
collect the information provided in the completed survey.
We may combine any information we collect about you with other information we
have about you to help us update, expand and analyze our records, identify new
customers, and suggest products and services that may be of interest to you.
SOURCES OF INFORMATION
We obtain the categories of personal information listed above from the following
sources:
* Directly from you when you provide it to us, for example prior to or during
any registration process, when you call or email us, or send us Texts (for
support or otherwise) or when you use our Services, at trade shows, meetings,
seminars, webinars, in surveys or at other events; or at other events;
* Automatically from your use of our websites, including your interactions with
our chatbots and the third party technology used to operate the chatbots, or
from your mobile device;
* From our business partners, service providers, and affiliates;
* From third parties whom you direct to share information with us;
* From your online browsing and usage activity; and
* From public sources, third party data providers, and third party social
networking sites, including information that they provide to us if you use
your credentials at such social networking sites to log into some of our
Services (such as your name and email address to pre-populate our sign-up
form), except for Text message opt-in consents.
In addition to the foregoing, we also obtain information that is provided by you
on our public forums, including the Constant Contact Community and Constant
Contact Marketplace. With your consent, we may also obtain and post testimonials
or reviews for inclusion on our websites or elsewhere. Your posts may remain
even after you suspend or cancel your account. Reviews and contributions to any
of our public communities are considered public and non-confidential by us and
are not treated as proprietary information or personal information covered by
this privacy notice. To request removal of your personal information on our
public forums or on the public portions of our websites, please send an email to
privacy@constantcontact.com. In some cases, we may not be able to remove your
personal information, in which case we will let you know if we are unable to do
so and why.
For more information about cookies and other Tracking Technologies, please
review our Cookie Notice.
HOW WE USE YOUR INFORMATION
We may collect, use or disclose personal information about you for one or more
of the following business and/or commercial purposes:
* To provide the requested Services to you;
* To provide you with useful content;
* To ensure the proper functioning of our Services;
* To offer, operate, evaluate and improve our Services and our business;
* To provide you with requested information or technical support;
* To facilitate your movement through our websites or your use of our Services;
* To do a better job of advertising and marketing our Services (subject to your
consent where required by applicable law);
* To advertise and market third-party products and services (subject to your
consent where required by applicable law), except that we do not use your
Text message opt-in consent to market third-party products and services;
* To diagnose problems with our servers or our Services;
* In connection with our security and compliance programs;
* To comply with law;
* To enforce the terms governing our Services and website;
* To administer our websites;
* To communicate with you, which may include sending you marketing information,
product recommendations and other non-transactional communications (e.g.,
marketing newsletters, telemarketing calls, Texts or push notifications,
information about our Services, news or events) about us, our affiliates and
partners;
* To target current or prospective Customers with our Services through online
advertisements served on third-party sites by third-party vendors, such as
Google (subject to your consent where required by applicable law)
* To assist us in offering you a personalized experience or otherwise tailor
our Services to you (for example, in order to provide you with specific
resources applicable to your industry);
* In connection with sale, merger, acquisition or corporate reorganization; and
* As otherwise described in this privacy notice and any additional policies
linked or referenced herein.
We also use the information we receive to produce reports on trends and
statistics, such as mobile search trends, email open rates by industry, campaign
best practices or the number of users that have been exposed to, or clicked on,
our websites or evaluated or purchased our Services.
DISCLOSURE TO THIRD PARTIES BY CATEGORIES OF PERSONAL INFORMATION
We may disclose, and have disclosed in the past 12 months, the categories of
personal information to the third parties as described in the below chart. We
disclose personal information for the purposes described above in the section
titled “HOW WE USE YOUR PERSONAL INFORMATION.” We disclose personal information
to our service providers and vendors to provide our Services, which include our
hosting providers, analytics providers, information technology providers, and
other similar providers. If legally required to do so, or if we have a good
faith belief that such disclosure is reasonably necessary, we may disclose your
personal information to courts of law, public authorities (including to meet
national security or law enforcement requirements), and other relevant third
parties, such as internet service providers, to conduct an investigation,
respond to a third party or law enforcement subpoena or court order, to bring
legal action, and to prevent harm to others. Notwithstanding anything set forth
in this privacy notice, we do not share Text message opt-in consents or related
mobile telephone numbers with third parties, except with our service providers
and vendors to provide our Text Services.
Category of Personal Information Collected
Third Party Disclosures
Information and Identifiers About You Other members of the Constant Contact
corporate family; our partners; third party service providers and vendors; in
connection with a sale, merger, acquisition or corporate reorganization;
authorized users within your organization; and legal or regulatory authorities
and other relevant third parties for legal reasons. Commercial Information Other
members of the Constant Contact corporate family; our partners; third party
service providers and vendors; in connection with a sale, merger, acquisition or
corporate reorganization; authorized users within your organization; and legal
or regulatory authorities and other relevant third parties for legal reasons.
Financial Information Other members of the Constant Contact corporate family;
third party service providers and vendors; in connection with a sale, merger,
acquisition or corporate reorganization; authorized users within your
organization; and legal or regulatory authorities and other relevant third
parties for legal reasons. Internet/Network Information Other members of the
Constant Contact corporate family; our partners; third party service providers
and vendors; in connection with a sale, merger, acquisition or corporate
reorganization; authorized users within your organization; and legal or
regulatory authorities and other relevant third parties for legal reasons.
Tracking Technologies Other members of the Constant Contact corporate family;
our partners; third party service providers and vendors; in connection with a
sale, merger, acquisition or corporate reorganization; authorized users within
your organization; and legal or regulatory authorities and other relevant third
parties for legal reasons. Our Interactions with You Other members of the
Constant Contact corporate family; our partners; third party service providers
and vendors; in connection with a sale, merger, acquisition or corporate
reorganization; authorized users within your organization; and legal or
regulatory authorities and other relevant third parties for legal reasons.
Inferences Other members of the Constant Contact corporate family; our partners;
third party service providers and vendors; in connection with a sale, merger,
acquisition or corporate reorganization; and legal or regulatory authorities and
other relevant third parties for legal reasons. Survey Information Other members
of the Constant Contact corporate family; our partners; third party service
providers and vendors; in connection with a sale, merger, acquisition or
corporate reorganization; and legal or regulatory authorities and other relevant
third parties for legal reasons.
In addition, we may disclose your personal information as stated in additional
policies linked or referenced herein and at your direction. If you are located
in a jurisdiction where such disclosures require your permission, we will only
do so with your consent. For more details about how we disclose information to
our partners, about authorized users of our Services, and for the purchase of
domains, please see the below sections.
DISCLOSURE TO PARTNERS
The information we disclose with our partners includes your name, email address
and other information enabling our partners to assist you in using our Services.
If you are located in a jurisdiction where such disclosure requires your
permission, we will only do so with your consent. Please note that if you access
our Services through a tool that hides your location, such as through a virtual
private network, you may not receive our request for permission because we were
not able to identify you as being located in a jurisdiction where your
permission is required.
Further, our partners are prohibited from using your contact information for any
purpose beyond those set forth above without your consent. We will not provide
our partners with your credit card information. If you are working with a
partner, such as a Constant Contact Solution Provider, and would like that
partner to have full access to your account, including the ability to send
emails on your behalf, we will provide access to just that partner upon your
request or consent.
In the event we collect information from you in connection with an offer that is
jointly presented by us and a partner, we will let you know who is collecting
the information and whose privacy notice applies, as well as any options you may
have regarding use of your information.
DISCLOSURE TO YOUR ORGANIZATION & AUTHORIZED USERS
If you created an account with an email address assigned to you as an employee,
contractor, or member of an organization, we may provide that organization with
certain limited information about your account, including your email address or
the organization name you provided us with, upon the organization’s request. All
users authorized by an organization to have access to an account can view
personal information stored in the account. A primary account holder can view
personal information saved in sub-accounts to which they have authorized access.
We share information about authorized users only for legitimate purposes
consistent with this privacy notice, including servicing the account and
marketing Services to you.
SALE AND SHARING OF PERSONAL INFORMATION
When you interact with our websites, we may use, or authorize third-party
partners and service providers to use cookies, web beacons and similar
technologies to improve your experience with us. The Tracking Technologies
described in our Cookie Notice can collect personal information about you that
can be used by us and our authorized third-party partners and service providers.
Our sharing of your personal information in this way may constitute “selling”,
“sharing”, or using for “targeted advertising” under applicable U.S. state
privacy laws. The term "sale" is broadly defined by the CCPA and includes
sharing personal information for monetary or other valuable consideration.
To the extent this is considered “selling” or “sharing”, in the preceding 12
months, we have sold or shared the following categories of personal information
for the purpose of showing you ads about Constant Contact’s services:
* Identifiers
* Internet or other similar network activity
Because our only potential “sale” or “share” of your personal information occurs
as a result of the use of cookies, if you’d like to opt out of the sale of your
personal information, please click Cookie Settings to update your cookie
preferences. For more information, please refer to our Cookie Notice.
SECURITY
The transmission of information via the internet, email or Texts is not
completely secure. Although we will do our best to protect your personal
information, we cannot guarantee the security of your information transmitted
through the Services or over email; any transmission is at your own risk. Once
we have received your information, we will take appropriate technical and
organizational measures to safeguard your personal information against loss,
theft and unauthorized use, access or modification.
When we collect financial account information, such as credit card numbers, we
protect its transmission through the use of encryption such as the Transport
Layer Security (TLS) protocol.
CHOICE/OPT-OUT
MARKETING COMMUNICATIONS FROM US
EMAIL
You always have the opportunity to opt out of our marketing communications with
you or change your preferences by following a link in the footer of all
non-transactional email messages from us or by emailing us
at optout@constantcontact.com. Some communications from us are considered
transactional or service communications (for example, important account
notifications and billing information). You agree to receive these transactional
and service communications as a condition of the Services that we provide to
you. You must cancel your accounts for all Services if you do not wish to
receive any transactional or service communications from us. To cancel your
account, please contact customer support. You may still receive marketing
communications from us even after you cancel your account unless you also
opt-out of our marketing communications, as described above.
PHONE
If you do not want to receive marketing calls by phone, you may contact customer
support and indicate your preference to us. Note that we may use automated
dialing technology to place marketing calls. In the event we do use such
technology for marketing calls, we will do so with your consent as required to
comply with applicable law. You do not need to agree to receive automated
marketing phone calls or texts from us in order to use the Services.
TEXTS
We may send you marketing communications via Texts. If you do not want to
receive marketing Texts from us, you can opt out at any time by replying STOP.
COOKIES
For information about how to manage and opt out from cookies, please visit
our Cookie Notice.
RETENTION OF PERSONAL INFORMATION
We retain your personal information to provide Services to you and as otherwise
necessary to comply with our legal obligations, resolve disputes, and enforce
our agreements. We will retain your personal information for no more than seven
years following the later of (i) the date on which you terminate your use of the
Services or (ii) May 25, 2018, unless we are otherwise required by law or
regulation to retain your personal information for longer.
YOUR RIGHTS
You have certain rights relating to your personal information subject to local
data protection laws. In certain circumstances, you have the following rights:
The Right to Know The right to request any or all of the following information
relating to your personal information we have collected and disclosed in the
last 12 months, upon our verification of your identity:
* The categories of personal information we have collected about you;
* The categories of sources of the personal information we have collected about
you;
* Our business purpose for collecting that personal information;
* The categories of third parties with whom we disclose that personal
information; and
* The specific pieces of personal information we have collected about you.
The Right to Request Deletion The right to request the deletion of personal
information we have collected from you. The Right to Correct The right to
correct inaccurate personal information that we maintain about you. The Right to
Opt Out of Targeted Advertising or the Sale or Sharing of Personal Information
The right to direct us not to sell or share personal information for targeted
advertising about you to third parties now or in the future. Here, the only
“sale” or “sharing” that may take place is through our use of cookies which you
can opt out as directed by our Cookie Notice. The Right to Non-Discrimination
The right not to receive discriminatory treatment for exercising these rights.
The Right to Appeal You may have the right to appeal a decision we may make
related to your request. “Shine the Light” California Civil Code Section 1798.83
permits you to request information regarding the disclosure of your personal
information to a third party for the third party's direct marketing purposes.
Please note the above rights are subject to certain exceptions.
If you are a resident of the EEA or the UK, please review the GDPR Addendum for
more information about your privacy rights under GDPR, UK GDPR, or Swiss DPA.
HOW TO EXERCISE YOUR RIGHTS
To exercise any rights you may have as described above, please submit a request
to us by:
* Submitting a data access request here.
* Sending an email to privacy@constantcontact.com.
* Calling our Customer Support team or our Legal and Compliance team at
781-462-1490.
To the extent you have a right to appeal a decision we’ve made about your
personal information, please submit an appeal request via email at
privacy@constantcontact.com.
Only you, or a person or entity that you authorize to act on your behalf, may
make a verifiable request related to your personal information. We may not be
able to fulfill your request or provide you with personal information if we
cannot verify your identity or authority to make the request and confirm the
personal information relates to you. We will need to verify your identity before
processing your request. In order to verify your identity, we will generally
require the matching of sufficient information you provide us to the information
we maintain about you in our systems. If you are using an authorized agent,
please note that you will be required to verify your identity and provide
written confirmation that you have authorized the agent to make a request on
your behalf. For requests to access or delete, we may require you to verify your
identity directly with us, and directly confirm with us that you provided the
authorized agent permission to submit the request. We will respond to most
requests within forty-five (45) days, or otherwise request an additional
forty-five (45) day period within which to respond.
THIRD PARTY LINKS AND INFORMATION COLLECTION AND USE BY OUR USERS
Some of our Services provide links to other websites. Because we do not control
the information policies or practices of these third party sites, you should
review their privacy policies to learn about how they collect and use personal
information.
Single Sign-On. You may also log in to some of our Services using sign-in
services such as Facebook Connect or an Open ID provider. These services will
authenticate your identity and provide you with the option to share certain
personal information with us, such as your name and email address to
pre-populate our sign up form. For example, if you take advantage of certain of
our social media features, such as the Facebook Like button, and widgets, such
as the “Share This” button or interactive mini-programs that run on our site,
the applicable social networking sites may collect your IP address, which page
you are visiting on our websites, and may set a cookie to enable it to function
properly.
INFORMATION FROM THIRD PARTIES
To manage the information we receive about you from a social networking site or
other third party (for example, if you link your Constant Contact and Facebook
accounts), you will need to follow the instructions from that party for updating
your information and changing your privacy settings, where available. The
information we collect is covered by this privacy notice and the information the
third party collects is subject to such third party’s privacy practices. Privacy
choices you have made on any third party site will not apply to our use of the
information we have collected directly through our Services.
REFER A FRIEND
If you choose to use our referral service to tell a friend about our Services,
we will ask you for your friend’s email address. We will automatically send your
friend a one-time email inviting them to visit our websites. We retain this
information for the sole purpose of sending this one-time email and tracking the
success of our referral program. Such referrals may not be permissible in all
situations or in all jurisdictions. You acknowledge and agree that you are
solely responsible for compliance with any applicable laws in this regard
including, if applicable, seeking consent from your friend. Your friend may
contact us at privacy@constantcontact.com to request that we remove this
information from our database.
DATA TRANSFERS AND PRIVACY FRAMEWORKS
Constant Contact participates in and has certified its compliance with the
EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy
Framework and the Swiss-U.S. Data Privacy Framework (collectively, the “Privacy
Frameworks”). For more information about international data transfers or our
participation in Privacy Frameworks or, please review the Data Transfers section
in this GDPR Addendum.
MINORS
Our Services are not directed to persons under 18. We do not knowingly collect
personal information from minors under 18. If you are a parent or guardian of
such a child and become aware that your child has provided personal information
to us, please contact us as described in this privacy notice and we will take
reasonable steps immediately to remove any such information.
NOTIFICATION OF CHANGES
We reserve the right to modify this privacy notice at any time, so please review
it frequently. If we decide to change this privacy notice in any material way,
we will notify you here, by email, or by means of a notice on our websites. In
all cases, your continued use of any Services constitutes acceptance to any such
changes.
GDPR AND UK GDPR REPRESENTATIVES
We have appointed IT Governance Europe Limited to act as our EU representative
and GRCI Law Limited to act as our UK representative. If you wish to exercise
your rights under the EU or UK General Data Protection Regulation, or have any
queries in relation to your rights or general privacy matters, please email our
EU representative at eurep@itgovernance.eu or our UK representative at
ukrep@grcilaw.com. Please ensure to include our company name in any
correspondence you send to our representatives.
CONTACT US AND COMPLAINTS
If you have any questions about this privacy notice or our data handling
practices, or you wish to make a complaint, you may contact us at
privacy@constantcontact.com or by regular mail at:
Legal and Compliance
Constant Contact, Inc.
1601 Trapelo Road
Waltham, MA 02451
U.S.A.
COOKIE SETTINGS
When you visit any website, it may store or retrieve information on your
browser, mostly in the form of cookies. This information might be about you,
your preferences or your device and is mostly used to make the site work as you
expect it to. The information does not usually directly identify you, but it can
give you a more personalized web experience. Because we respect your right to
privacy, you can choose not to allow some types of cookies. Click on the
different category headings to find out more and change our default settings.
However, blocking some types of cookies may impact your experience of the site
and the services we are able to offer.
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correctly. For example, these cookies allow you to navigate our Website and use
essential features, including secure areas and shopping baskets.
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including advertisements, relevant to your specific interests. This content
may be delivered on our Websites or on third party websites or services. They
allow us to understand and improve the relevancy of our advertisements. They
may track personal information, including your IP address.
* ANALYTICS
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These cookies and tracking technologies help us understand how customers and
visitors interact with our Websites. They provide us with information about
areas of our Websites visited, time spent on our Websites, transactions
performed, and any error messages you receive. These cookies allow us to
improve the performance of our Websites. They may collect your IP address but
only for the purpose of identifying general locations of visitors and
identifying fraudulent or spam traffic.
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These cookies and tracking technologies allow our Websites to remember
choices you make to give you better functionality and a personalized
experience. For example, when you select a specific currency on one of our
Websites, we will remember your currency selection when you return.
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