UPDATED AUGUST 9, 2021

This Agreement is an integral part of the SafetyMails Terms of Use. For the full Terms of Use, please go to: https://docs.safetymails.com/en/terms-of-use/

6- Non-disclosure

6.1- The CLIENT and SAFETYMAILS mutually agree to:

1. keep in strict confidence and secrecy all and any information contemplated herein, by itself, and by its employees (if any) through the SAFETYMAILS service provision relationship and related to SAFETYMAILS interface, projects, specifications, operation, organization or performance and other information eventually exchanged between the parties;
2. not use the confidential information to which you have access for your own benefit, present or future, or for the use of third parties;
3. not provide personal data to third parties, except upon free, express and informed consent, or in the cases foreseen by law;
4. to protect the privacy, confidentiality and security of personal data;
5. cooperate, if requested, with the authorities in case of a legal request for information;

6.2- SAFETYMAILS commits to:

1. by itself and its employees to keep in absolute confidence and secrecy all information contained in the CLIENT’s e-mail address databases that are subject to processing by SAFETYMAILS;
2. not copy, reproduce, commercialize, rent or supply the e-mail address bases and other aggregate data that have been provided by the CLIENT, complying with the requirements of the data protection laws;

6.3- THE CLIENT commits to:

1. by itself, and by its employees, if any, to keep in absolute confidence and secrecy all technical information obtained through the SAFETYMAILS service relationship and related to the interface, design, specification, operation, organization or performance of SAFETYMAILS;
2. maintain the secrecy of all your access information to the system, including, but not limited to, that referring to API keys and query URL, login and password, keeping it personal and non-transferable, informing SAFETYMAILS immediately in case of loss or leak of this information, knowing that you are fully responsible for any actions performed on the SAFETYMAILS interface through your user;
3. ensure that accounts and any sub-accounts at SAFETYMAILS under your responsibility are only accessed by authorized personnel duly identified in the SAFETYMAILS system;
4. inform SAFETYMAILS immediately of any unauthorized access or security breach that is occasionally detected;

Confidential Information

6.4- For the purposes of this term, confidential information will be considered those of a technical, operational, commercial, legal nature, manner of doing things, inventions, processes, formulas and designs, production systems, logistics and layouts, business plans, accounting methods, techniques and accumulated experience, documents, studies, opinions and research to which any employees and collaborators of both parties have access:

1. by physical means, such as printed documents, manuscripts, photographs, etc;
2. by digital means, such as online, email, or cloud-based documents and spreadsheets (always password-protected or with limited and controlled access);
3. in any form recorded on electronic media, such as CDs, DVDs, USB sticks, e-mails and similar; and
4. orally;

6.5- Personal information contained in the shared databases and processed in the SAFETYMAILS environment at the request of the CLIENT, such as e-mail addresses, names, document and registration numbers, residential addresses, age, nationality, among other similar data contained in the database, will also be considered confidential data, although, for the performance of the SAFETYMAILS activity, only the e-mail address information is necessary;

6.6- The processes and criteria used by SAFETYMAILS are considered confidential and, therefore, cannot be informed or shared in any way and under any justification;

Non-confidential information

6.7- For the purposes of this term, these information will not be considered confidential:

1. those already available to the general public, without responsibility of the parties;
2. those not described under “confidential information”;
3. those disclosed in response to a court order and only to the extent of such order;
4. status of e-mail addresses queried at SAFETYMAILS. These statuses are generated by SAFETYMAILS and will be part of the historical database, and each data is stored individually, not characterizing data sharing;
5. results of consultations made by the CLIENT that may be part of evaluative surveys or other materials, with the purpose of informing the market about the general quality of mailing lists, progress achieved, among other documents such as articles, slide projections, informative videos, among others, that SAFETYMAILS considers pertinent, without mentioning specific e-mail addresses, nor characterizing individuals or companies and, therefore, not violating the criteria of protection of personal data or aspects of confidentiality and secrecy;

6.8- for effective compliance with laws, regulations and best practices, if SAFETYMAILS is legally obligated to disclose any information from stored databases, SAFETYMAILS agrees to notify the CLIENT of such obligation, and shall use its best efforts to ensure that the information so disclosed remains confidential;

Duration of confidentiality

6.9- All confidentiality and secrecy information provided for in this term will be valid for the duration of the service provision and for an additional 5 (five) years from the end of the service provision provided by SAFETYMAILS;