Terms and conditions
§ 1 Introduction
- An integral part of these Regulations is:
1. Antispam Policy, available on: (https://coresender.com/legal/antispam);
3. Quality Guarantee of SLA Services, available on (https://coresender.com/legal/sla);
4. Contract for entrusting the processing of personal data, available on: (https://coresender.com/legal/dpa).
§ 2 Dictionary
For the purposes of these Regulations, the following terms shall be assigned the following meanings:
- Subscription – a subscription to the Services, which is selected by the User for a specified period of time, in accordance with the price list, which is available at https://coresender.com/pricing (hereinafter referred to as the "Price List") or on the terms agreed by negotiation. Within each Subscription, the User is entitled to a specified number of emails that they can send using the Platform;
- Failure – an unplanned interruption in the availability of Services, which is caused by irregularities in the operation of the network and hardware infrastructure belonging to the Service Provider;
- Black list – a list that is used to block the IP addresses and domains of entities that send Spam, which is run by external entities independent of the Service Provider;
- Data – User's data, including personal data processed in order to perform the Contract;
- Registration form – an electronic form for User Registration;
- Trial Account – an account, set up by the User for a trial period of 30 days. The Trial Account ensures that Users send 100 emails as part of the Services and has functions limited to the Account. A detailed description of the functionality of the Trial Account can be found at (https://coresender.com/features);
- Account – an individual User Account to which they have access by means of a login and password enabling the use of the Service;
- MailTrap – an email address that has been created or transformed from an email address that has not been used for a long time in order to detect cases of sending messages to email addresses obtained from databases created illegally or against the good practices of mailing campaigns;
- Newsletter – electronic form of the bulletin informing about events promoted on the Platform's websites or related to the Administrator's activities;
- Recipients – persons towards whom the User uses the Services; using the Services, conducts mailing campaigns;
- Additional Emails – emails that are sent by the User via the Platform after exceeding the number of emails sent as part of the declared Subscription. An Additional Fee is charged for Additional Emails;
- Additional Fee – a fee that will be charged whenever the number of emails sent exceeds the number of emails available in the chosen Subscription by 1000 emails.;
- Platform – the website located at https://coresender.com, through which the User can log in to their Account, enabling the use of the Service provided by the Service Provider electronically in the Software-as-a-Service (Saas) model, including in particular providing the User with the possibility of using the Account, managing the Data entrusted to Coresender for processing and conducting mailing campaigns, and sending transactional emails;
- Anti-spam Policy – a document specifying the rules for dealing with Spam, which is an integral part of these Regulations;
- Technical break – the lack of availability of services associated with the need to carry out maintenance work, planned and announced by the Service Provider at least 12 hours in advance. A technical break does not reduce the availability of services;
- Regulations – these regulations of the Platform;
- Registration – the act of providing Data by the User to the extent necessary to use the Platform;
- GDPR – Regulation (EU) 2016/689 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation, Journal of Laws EU L 2016 No. 119, page 1);
- SLA – a document specifying the quality and reliability parameters of individual Services, as well as the terms and conditions for calculating compensation for breach of warranty, which is an integral part of these Regulations;
- Spam – mass messages sent to Users who did not order and did not accept their receipt, including in particular unsolicited commercial information, as well as emails sent to Recipients whose addresses originate from databases created in an unlawful manner;
- SpamComplaint – a reply message, which originates from Recipients' email systems, which indicates that the Recipient has marked the given email sent as part of the Services as Spam;
- Entrusting Agreement – a document specifying the principles of entrusting the processing of personal data, which is an integral part of these Regulations;
- Contract – contract for the provision of electronic services concluded between the Service Provider and the User;
- Services – services provided by the Service Provider electronically in the Software-as-a-Service (SaaS) model, including in particular conducting mailing campaigns and sending transactional emails. The detailed scope of Services is defined in the Price List;
- Service Provider – Global Email Solutions Ltd based in London, 690 Kingston Road, SW20 8DN, United Kingdom with registration number 10696894;
- Fault – lack of partial functionality of the Service, which is caused by irregularities in the operation of the network and hardware infrastructure belonging to the Service Provider. The occurrence of the Fault does not reduce the time of Service availability;
- User – an entrepreneur using the Service and the Platform for the purpose of his business or professional activity, regardless of the legal form of such activity;
- Report – a problem with the proper functioning of the Services reported to the Service Provider by the User via email sent to (email@example.com).
§ 3 General conditions for the provision of electronic services
- The Platform is used using an ICT system that ensures processing and storage as well as sending and receiving data through telecommunications networks, in accordance with the wording of the act on the provision of electronic services.
- The condition of using the Service by the User is to read these Regulations and accept all of its provisions.
- The Service is made available for the subscription period assigned to the Subscription chosen by the User.
§ 4 Payment rules
- The user shall make all payments related to the use of the Services by a payment card through third party systems. To make a payment, the User is required to provide the personal data of the payment card owner, its number, expiry date and CVV code.
- Payment for the Service will be made by collecting the amount assigned to the given Subscription on a monthly basis.
- The first payment will be made upon activation of the Account referred to in § 5 section 8.
- The User is entitled to send Additional Emails in a number not exceeding the number of emails available to be sent in the next (higher) Subscription than declared by the User.
- If the User sends Additional Emails to the extent specified in section 4, the email sending function is blocked. In such a case, the function of sending email is unblocked with the payment referred to in section 2.
- When collecting the payment, the Service Provider also sends a VAT invoice for the Service in electronic form to the email address provided in the registration form.
§ 5 Registration
- To set up an Account, the User first sets up a Trial Account. Creating a Trial Account consists of:
1. completing the registration form located at the electronic address (https://app.coresender.com);
2. after completing the registration form, the User activates the Trial Account.
- In the registration form, the User provides in particular:
1. your company or name;
2. name and surname of the person establishing the Account;
3. email address.
- The Trial Account is activated by confirmation of registration, which consists of the User entering a confirmation website to which the Service Provider will send a link to the email address provided in the registration form.
- Before setting up a Trial Account, the User is required to read the Regulations, including the documents referred to in § 1 section 2 and accept them.
- The User is obliged to provide true Data and bears full responsibility in this respect.
- The User sets up a Trial Account for a trial period of 30 days.
- To fully activate the User Account, during the trial period referred to in section 7, supplements the Data provided in the registration form referred to in § 5 section 1, for the payment card details referred to in § 4 section 1, through which the User will make payments for the Services.
- After the end of the trial period, the Trial Account will be blocked under the conditions specified in § 8.
- The User within 30 days of the blocking of the Trial Account referred to in § 9, has the right to reactivate the Account fully. After this period, the User's Trial Account is deleted on the conditions set out in § 8.
- The Service Provider will verify the accuracy of payment card data referred to in § 8, by verifying the collection of funds from it in the amount of 1 Euro.
- Completing the registration procedure in accordance with the provisions of this paragraph means conclusion of the Agreement.
- The contract may be terminated by either party by submitting a statement regarding its termination. In this case, the contract is terminated at the end of the current billing period under the given Subscription. A declaration of termination may be sent by email.
- The Service Provider reserves the right to refuse to conclude an Agreement with the User for any reason, in particular in cases where the User had an account blocked in the past due to violation of the rules of the Regulations, in accordance with the provisions of § 8.
- If the User does not accept any part of the provisions of the Regulations, he may not use the Service.
§ 6 Rules for using the Services
- The service is intended only for Users who are entrepreneurs purchasing access to the Service for purposes directly related to their business or professional activity.
- As part of the service, the User is allowed to send marketing messages only to those Recipients who have previously agreed to it (consent as a legal basis for marketing purposes).
- The User is obliged to ensure that the consents referred to in section 2 were granted actively and separately. "Active" means that Customers give their consent by actively selecting the check box in the appropriate form. "Separately" means that consent is not part of other statements (e.g. consent to the general terms and conditions, general data protection provisions).
- It is recommended that Users express consent from Recipients by using the so-called "Confirmed Opt-in", which consists first of all in agreeing to receive emails as part of the mailing campaign by ticking the appropriate box at the time of selection and then sending an email with a link confirming consent. The email in its content, apart from the confirmation link, may not contain any other content, in particular advertisements.
- The User is obliged to inform that consent may be given by:
1. an adult;
a. who has reached 16 years of age,
b. whose legal guardians have given their consent.
- Information on the possibility of withdrawing consent pursuant to section 5, must be clearly indicated at the time of obtaining consent. The User is also obliged to inform the Recipients how to withdraw the consent and to whom this consent will be withdrawn. In addition, the User is obliged to inform the Recipients that the withdrawal of consent will be carried out after five business days.
- In order to withdraw consent to send marketing messages, the Recipient should uncheck the appropriate box in the selection box by which they consented, or send an appropriate notification to the User's contact address.
- During the mailing campaign, the User is obliged to inform the Recipients about:
1. the beneficiary of the consent referred to in section 2;
2. the sector and areas to which marketing messages are sent in a clear and understandable manner;
3. in exceptional cases that emails may also be sent to recipients without explicit consent if the following conditions are met:
a. there is a relationship between the User and the Recipient consisting in a mutual agreement,
b. the emails are in the nature of direct advertising of similar, proprietary products or Services,
c. the Recipient was informed about the possibility of objecting at any time (when obtaining and each use of an email address), without incurring costs other than transmission costs at basic rates,
d. the Recipient has not objected.
- When using email addresses that the User has obtained from third parties, the following rules shall apply:
1. before starting a mailing campaign, the User must ensure that the appropriate consent has been given, in accordance with the provisions of section 2-7;
2. when collecting data, the list of their beneficiaries must be easy to understand and unambiguous for recipients;
3. the number of companies or persons for whom address data is collected must maintain such a level that it precludes the transfer of Recipients' data to a disproportionately large group of third parties and that it enables the Recipient to easily understand the meaning and scope of his consent and allows monitoring the legal processing of their data;
4. Users do not have the right to transfer personal data obtained from third parties to other persons without obtaining the express consent of the persons whose data is to be provided.
- Each email sent as part of a mailing campaign must contain information that clearly identifies the sender of the email. To this end, legal notice must be included in each email, which must include the following information:
1. name and address at which the User / Sender of the email is registered, and if the User is a legal person, its form, the relevant register in which it is registered and the registration number;
2. contact details – at least one valid telephone number, electronic contact form or email address;
3. NIP and REGON numbers, if applicable.
- The option to withdraw consent to the sending of emails as part of marketing campaigns must be indicated in each email sent as part of it.
- Users may not hide the sender and the commercial nature of the emails sent as part of the campaign, including the construction of email headers and subjects in such a way that their content is misleading as to the actual identity of the sender or the commercial nature of the message.
§ 7 Use of the Platform
- It is forbidden to use the Platform in a manner inconsistent with the provisions of these Regulations, applicable law, decency or principles of social coexistence.
- It is forbidden to copy, duplicate or use at least in part the content of the Platform without obtaining the prior written consent of the Service Provider.
- The User is not entitled to make the Services available to third parties in whole or in part, or to develop similar Services to those provided by the Service Provider as a model or other activities infringing copyright and other intellectual property rights.
- The User undertakes to refrain from any actions aimed at hindering, destabilizing the operation of the Platform or hindering the use of the Platform by other Users.
- The User declares that they have obtained all graphic and movie files, entries to be used to provide the Services in a manner consistent with the provisions of law, in particular that the User has property rights against them and that the User’s activities do not infringe the rights of third parties.
- By providing graphic files, movies, entries or other materials, the User grants the Service Provider an indefinite, non-exclusive license to use, record, reproduce, publicly perform, display, screen, play and make available in such a way that everyone can access them in place and time of their choice.
- The license agreement referred to in section 7 above may be terminated after five years from the date of its conclusion for the year ahead, at the end of the calendar year. The User is not entitled to remuneration for granting the license.
The User has the right to edit files, films, statements or other materials and Data posted by them by correcting, supplementing or deleting them. However, based on the license that the User grants by accepting these Regulations, files, films or other materials may still be available on the Platform with such a change that it will not be indicated from which User they come from.
§ 8 Account Lock
- Users are obliged to use the Platform in a manner consistent with the provisions of the Regulations, including the documents referred to in § 1 section 2, applicable law and principles of social coexistence.
- In the event of a breach of the provisions of the documents referred to in § 1 section 2, provisions of law or otherwise affecting legally protected goods, the Service Provider reserves the right to block the Account or Trial Account, block the User's access to some of the Services available on the Platform, and in particularly glaring cases - irretrievable deletion of the Account or Trial Account, in in the event of the unsuccessful prior request to stop the violations. Blocking the Account or Trial Account and blocking the User's access to some of the Services available on the Platform may, at the Service Provider's discretion, be used for a specified period or until it is canceled. Blocking the Account means suspension of the Services by the Service Provider.
- If the Service Provider cannot collect payment for the service, the Service Provider will notify the User of this fact. The User is obliged to allow the payment to be made within 7 days of sending the notification in such a way that the payment can be made. In the event of failure to comply with the above-mentioned deadline the account will be blocked. The Service Provider will be entitled to delete the Account in the absence of payment for a period of 120 days from the date of sending the notification.
- Deleting a User's Account constitutes termination of the Service Agreement.
The User is notified to the current email address about the fact of blocking the Account, access to some Services or deleting the Account.
- In the case referred to in section 2 and 3 above, the User has the right to lodge a complaint in the manner specified in § 10 of these Regulations.
§ 9 Liability
- The User acknowledges that due to the technical configuration of the equipment with which the User browses the Platform's pages, certain functions of the Platform may be unavailable to them.
- The Service Provider reserves the right to temporarily disable the operation of the Platform at any time for the purposes of maintaining, updating and technical improvement of the equipment or for extending the content of the Platform, which will be previously posted on the Platform's website.
- The Service Provider reserves the right to transfer all rights to the Platform, to its complete liquidation or to cease providing Services partially or in full without notifying the User.
- The Service Provider is not responsible for the content and form of Data posted by Users on the Platform.
- The provisions of section 4 above shall not apply if the Service Provider becomes aware of the illegal nature of the Data or of their contradiction with the provisions of these Regulations.
- The Service Provider is not responsible for the dissemination of User Data made by other Users or third parties, if it occurred in violation of the provisions of these Regulations or applicable law.
- The Service Provider is not responsible for the effectiveness of payment transactions carried out through the online payment service. Users are required to report all comments related to the course of payment transactions carried out in the manner specified in the previous sentence directly to the appropriate owner of the online payment service.
- The User is fully responsible for all information, data, texts, graphics, logos, videos, audio files or other materials and works which they publish, upload, send or otherwise make available using the Service. This liability also includes Content that links to other websites or resources or other services made available by third parties that the User uses.
- The Service Provider's resources may include materials that are subject to copyright and related rights of third parties. The User acknowledges and accepts that the Service Provider has the right to remove such materials at any time and at their own discretion, block access to them, as well as request that the User immediately stop using them. If the User does not comply with this request, the Service Provider has the right to remove such materials at the discretion of the Service Provider without any liability in this respect. In the above-mentioned cases, the User will not be entitled to demand the refund of any amounts paid to us.
§ 10 Complaint procedure
- The Users may submit comments/complaints related to the functioning of the Service using the relevant form available in the Account section.
- Complaints shall be considered if:
1. they are submitted by the User using the relevant form;
2. contain the reason for submitting the complaint and possibly specify the scope of activities which the User expects to perform;
3. contain current User data.
- Complaints shall be considered by the Service Provider within 14 days of their receipt, if the User formulates the application in a clear and transparent manner.
- In the event of incompleteness or ambiguity preventing the complaint from being considered within the time limit referred to in § 10 section 3 above, the Service Provider will ask the User to supplement it within 7 days.
- In the event of an unsuccessful request referred to in § 10 section 4 above, the complaint is left without consideration.
- The User shall be notified of the settlement of the complaint to the current email address.
§ 11 Personal data protection
- Using the generally available content of the Platform does not require disclosure of personal data on the Platform.
- Providing the User's personal data specified in the registration form is necessary to register in the Platform and gain access to all Platform functionalities.
- In the event of providing personal data in accordance with section 2 above, the provisions of section 4-14 of this paragraph will apply.
- The administrator of Users' personal data within the meaning of the GDPR is the Service Provider. Users' personal data will be processed for the following purposes:
1. establishing, shaping the content, changing or terminating the regulations (pursuant to art. 6 section 1 let. b) GDPR);
2.enabling the acceptance of the regulations, making payments by users to purchase the Service (pursuant to art. 6 section 1 let. b) GDPR);
3. implementation of the Service Provider's legal obligations (pursuant to art. 6 section 1 let. c) GDPR), i.e. consideration of complaints submitted by the User, analysis and consideration of reports of violations of the Regulations by Users;
4. in the event of a separate consent by the User to receive the Newsletter – to provide marketing information as part of the newsletter, including information on products and services (pursuant to art. 6 section 1 letter f) GDPR);
5. implementation of the legitimate interests of the Service Provider (pursuant to art. 6 section 1 let. f) GDPR), e.g. for the purpose of pursuing and enforcing the Service Provider's claims, answering Users' queries, blocking access to the Platform in case of violation of the provisions of the Regulations by the User, creating analyses and summaries for the internal needs of the Service Provider, preparation of proposals for solutions available in the Platform, support for the Platform.
- Personal data processed by the Service Provider may include:
1. surname and first names of the User;
2. bank account number;
3. registered or residence address;
4. correspondence address;
5. electronic address;
6. telephone number.
- Users' personal data are processed with appropriate security measures that meet the requirements of the GDPR and Polish law.
- Providing selected personal data by the User is voluntary, however, it is a contractual requirement – failure to provide data or – in cases where it is necessary – lack of consent to the processing of personal data may prevent the provision of Services.
- The data provided by the User may be processed in an automated manner, including in the form of profiling, i.e. in a way that allows forecasting of User's preferences. Profiling is aimed at enabling optimal adaptation of the functionality to the individual needs and expectations of the User.
- The User has the right to access their data, rectify them, limit their processing, the right to transfer data in the cases specified in the provisions of the GDPR and the right to request their removal.
- In cases where personal data is processed on the basis of the User's consent (e.g. for the purposes of providing the Newsletter service), the User has the right to withdraw consent at any time, without affecting the lawfulness of the processing that was carried out on the basis of consent before its withdrawal.
- The User also has the right to object to data processing at any time:
1. for direct marketing purposes or
2. in special situations, if the data is processed in a legitimate or public interest.
- In order to access, rectify, delete, limit processing, transfer or object to data processing, please send an email to (firstname.lastname@example.org). Deleting some data may hinder the use of particular Services. Deleting the data necessary to use the Services terminates the use of the Platform.
- User data will be processed for the period necessary to perform the Contract, as well as for the period of limitation of any claims that may result from the Contract. In the case of processing User's data on the basis of their Consent, the data will be processed until the User withdraws this Consent. In relation to data processed on the basis of art. 6 section 1 let. f) GDPR, the data will be processed until the User objects.
- The User has the right to lodge a complaint with the supervisory body – if the Service Provider's processing of User's data is found to be in violation of the law.
§ 12 Final Provisions
- These Regulations are available at the Service Provider's seat and at the electronic address (https://coresender.com) in an electronic version, enabling its acquisition, reproduction and recording by means of the ICT system used by the User.
- The Service Provider reserves the right to amend these Regulations. The changes shall enter into force seven days after their publication.
- In the absence of acceptance of changes in the Regulations, the User having an Account is entitled to terminate the Contract by sending a proper statement to the address email@example.com before the date of entry into force of the amendments to the Regulations. In this case, until the expiry of the Contract, the provisions of the Regulations in the previous wording shall apply, and the Contract shall expire on the date of entry into force of amendments to the Regulations.
- In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Civil Code.
- All disputes arising from the implementation of the provisions of these Regulations will endeavor to resolve by amicable means. In the event of disagreement, disputes will be dealt with in accordance with the law in force in Poland by the common court with jurisdiction in Szczecin.