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Terms of Use

Also available in: Português

Document updated on August 19, 2022.

Sumário

The parties:

SAFETYMAILS DIGITAL MARKETING LTDA, a limited company, headquartered at Avenida Nilo Peçanha, nº50, Grupo 1808, CEP 20020-100, Centro, City of Rio de Janeiro, State of Rio de Janeiro, Brazil, enrolled in the Brazilian National Register of Legal Entities (“Cadastro Nacional de Pessoas Jurídicas” – CNPJ) under No. 22.527.773/0001-63, herein represented by its legal representatives, hereinafter referred to as SAFETYMAILS, and

the CUSTOMER, natural person (at legal age) or company (represented by their legal representatives), identified when registering in the electronic address “https://panel.safetymails.com”, considering:

  1. that the CUSTOMER fully and automatically adheres to ALL the terms contained herein in order to obtain permission for use provided by SAFETYMAILS, at the time of confirming his/her/its registration realized on the SAFETYMAILS website;
  2. that the CUSTOMER is providing truthful information in his/her/its registration, under the applicable penalties of the law;
  3. that the CUSTOMER requires specialized services in the area of treatment and processing of data and similar for validation and verification of electronic mail addresses (e-mails) databases;
  4. that the CUSTOMER declares that his or her data was obtained lawfully and in accordance with the provisions of the data protection laws in force in his or her country;

1- Glossary

1.1- In order that the provisions of this document to remain clear and transparent, we present the definitions of terms that will be cited throughout this text:

  • API: Application Programming Interface. A program for accessing a service or software that allows integration between services;
  • SSL CERTIFICATION: An electronic document that contains data about the legal entity that uses it, serving as a virtual identity that confers legal validity and digital security aspects in digital transactions;
  • CONTROLLER: person or company that has control over the personal data that will be processed;
  • COOKIES: small text files automatically downloaded to the device of someone accessing and browsing a website. They serve, basically, to make it possible to identify devices, activities, and user preferences;
  • ENCRYPTION: is the practice of encrypting and decrypting data. When data is encrypted, an algorithm is applied to encode the data so that it is no longer in its original format and therefore cannot be read. The data can only be decoded to its original format with the use of a specific decryption key;
  • PERSONAL DATA: any information related to a person that can identify him/her directly or indirectly, such as name, location, online identifier, among others;
  • DATACENTER: place where the computer systems of a company or organization are concentrated;
  • DICTIONARY HARVEST ATTACK: a technique used by spammers in an attempt to discover email addresses on a domain by trial and error in a dictionary attack;
  • DOWNTIME: period in which a system, process, or activity is not operational;
  • E-MAIL: Electronic mail address;
  • E-MAIL MARKETING: Electronic mail messages, sent for commercial purposes;
  • IP ADDRESS: is a numeric label assigned to each device (computer, printer, smartphone, etc.) connected to a computer network that uses the Internet Protocol for communication;
  • HARD BOUNCE: also known as “permanent error”, characterizes email addresses that do not exist, either because they have an error or because there is no recipient set up;
  • INTERFACE: is the grouping of a given set of texts, images, links, and navigation devices, under the same URL, or its variants, in the Internet environment;
  • LANDING PAGE: is a single web page that appears in response to clicking on a search result from an optimized search engine, marketing promotion, marketing e-mail, or an online advertisement;
  • LINK: an URL;
  • E-MAILS LIST: digital file containing e-mail address information;
  • PROCESSOR: is the processor of personal data that works on behalf of the controller, to perform a set of operations, automatic or not, such as record collection, structuring, storage, adaptation, alteration, consultation, transmission, among others;
  • PIX: electronic and instantaneous means of payments and bank transfers that was created by the Central Bank of Brazil, exclusive to Brazil;
  • E-MAIL PROVIDER: service offered by companies in which service packages are made available, such as hosting, e-mail account management, among others;
  • SAFETYMAILS: e-mail verification service, via web environment, with its reports, functionalities, texts, source codes, and methods;
  • SOFT BOUNCE: also known as “temporary error”, this is an e-mail address that cannot be delivered to the recipient due to various failures, such as connection problems, full storage, blockages, among others, that do not characterize the non-existence of the e-mail;
  • SPAM: electronic mail messages (e-mail) sent without the prior consent of the recipient;
  • SUBDOMAIN: these are the ramifications of the main domain, something widely used in large sites. In the site support.yourdomain.com, for example;
  • IT: department responsible for Information Technology;
  • RECIPIENT: natural person to whom the personal data that are being processed refer;
  • UPTIME: period in which a system, process, or activity is operational;
  • URL: acronym for “Uniform Resource Locator”, which refers to the network address where a website, for example, is located;
  • WEBSERVICE: is a solution used in systems integration and communication between different applications;
  • WEBSITE: a set of pages on the Internet;

2- General Conditions

2.1- Use of the service

2.1.1- SAFETYMAILS, in the condition of OPERATOR, offers to the CLIENT, in the condition of CONTROLLER, as long as all costs for using the service have been duly paid and approved by the banking and financial system, non-exclusive and non-transferable remote access to the SAFETYMAILS interface for data processing activities of electronic mails (e-mails) of the CLIENT, as long as its purposes do not violate the terms of this contract or any other individual civil rights guaranteed by law, regulations or good practices.

2.1.2- The CLIENT states that he/she is the legitimate holder of the data to be processed and understands that data processing in this system is allowed as long as it meets one or more of the purposes / conditions mentioned below:

  1. data has been obtained with the informed consent of the data subject;
  2. data is required for credit protection;
  3. data is required for contractual fulfillment;
  4. data is necessary to protect the interests of its own customers or other natural persons; and
  5. actions do not infringe upon fundamental rights of the individual, especially in the case of minors, whose data is obtained with parental permission;

2.1.3- SAFETYMAILS disclaims the obligation to verify whether the data provided meet the conditions mentioned above, being the sole and exclusive responsibility of the CLIENT;

2.1.4- The e-mail address is considered personal data, as it digitally identifies a natural person, and is therefore treated as data protected by privacy, being the only information necessary for the provision of services by SAFETYMAILS, which allows the loading of other data under the responsibility of the CLIENT, with the sole purpose of simplifying the CLIENT’s proceedings;

2.1.5- This access does not give any ownership rights to the CLIENT over the system source codes, its interface or any other aspects directly or indirectly related to SAFETYMAILS and its service, as provided in this contract under “Confidentiality and Secrecy of Information”;

2.2- About the absence of a employment relationship

2.2.1- It is agreed between the parties that there is no employment relationship of any kind, excluding social security obligations and social charges, and that SAFETYMAILS and the CLIENT are not subordinated in any way;

2.3- Regarding situations not covered by this terms

2.3.1- Any situations not covered by the terms of this agreement will be resolved in the best judgment of SAFETYMAILS;

3- E-mail verification service

3.1- Validation and verification process criteria

3.1.1- The validation and verification of e-mails is performed according to the criteria adopted by SAFETYMAILS which are based on, but not limited to, RFC 822, RFC 5321 (from “ARPA Internet Messages, 1982” and all documents that may supplement or replace them);

3.1.2- SAFETYMAILS may, at its sole discretion, make use of various fact-finding and public verification processes, as well as adopt complementary tools to perform its service;

3.1.3- SAFETYMAILS will offer means to reduce as much as possible the incidence of e-mails classified as invalid, to obtain the highest efficiency of the CLIENT’s e-mail list, but will be subject to eventual failures of consultation beyond its control;

3.1.4- SAFETYMAILS considers any further information about its processes to be absolutely confidential and a business secret;

3.1.5- The CLIENT acknowledges that:

  1. there is an industry practice whereby email marketing platforms may classify demonstrably valid email addresses as “hard bounces” due to various anti-spam filtering practices (such as historical blocking of email addresses);
  2. that these practices do not prove the actual existence of such email addresses;
  3. that the non-existence of an email is proven, but not only, through protocols such as error 550 (such as “Requested action not taken: mailbox unavailable“, “The email account that you tried to reach does not exist“, “The email account that you tried to reach is disabled“);
  4. that email sending platforms may perform their own filtering, blocking and categorization based on rules not known by SAFETYMAILS, which, therefore, disclaims liability in these cases;
  5. that data offered by platforms competing with SAFETYMAILS cannot be used as a comparative parameter;

3.2- Reports and Results

3.2.1- SAFETYMAILS will perform the processing of an e-mail list entered into its platform in a timely manner to meet its quality criteria set forth in this contract;

3.2.2- Possible outcomes in the validation report:

  1. Valid – email address whose existence has been confirmed;
  2. Limited – valid e-mail addresses that are known to have limitations in terms of reception capacity, such as intermittent servers, which can cause delivery difficulties;
  3. Invalid – e-mail classified as non-existent or deactivated in a domain. Hard bounce;
  4. Syntax Error – email that does not comply with the syntax rules set by email providers and market RFCs, since it invalidates the email;
  5. Invalid Domain – domain does not exist or has several flaws;
  6. Disposable / Temporary – e-mails from temporary address services. They are valid, but only for some time (hours or minutes). After this period they become invalid and impair deliverability;
  7. Junk – e-mail addresses that have negative elements that will be identified by ISPs and sent to the junk folder or spam. E-mails with repeated characters, swear words, numeric sequences, etc;
  8. Spamtrap – email traps, used to catch spammers. They cause immense reputational damage to IPs, as well as block and drop deliverability;
  9. Pending – e-mails for which there is no information yet in the SAFETYMAILS database;
  10. Unknown – e-mails whose servers are configured not to provide any information of their users;
  11. Scraped – ISPs admit that these emails have been created by automatic generators of addresses such as “contact, adm, sales, etc” for various domains, characterizing spam by “Dictionary Harvest Attack”. They can also be emails from callcenters or others that do not have a responsible individual;
  12. Uncertain – known as “Accept All” and “Deny All”. That is, they receive all messages or deny all messages, regardless of their content. The result cannot be confirmed;

3.2.3- The possible results of the e-mail validation and verification service are based on SAFETYMAILS’ evaluation, which will use the processes it considers most secure and tools it takes as a qualitative parameter;

3.2.4- SAFETYMAILS disclaims the obligation to achieve 100% accuracy in the reported results, considering that E-mail Service Providers and/or IT Departments of companies in general may use extraordinary resources that subject the results to false positives or rehabilitation of e-mail addresses in disuse, among others;

3.2.5- SAFETYMAILS, for reasons of security, anti-spam and/or respect for existing laws, regulations or good practices, will inform the e-mails identified as “spamtraps” only numerically, being classified as “invalid” in the final analysis file;

  1. Example: e-mails classified as SPAMTRAPS are identified in the system report, but will not have the status reported in the file downloaded from the system, being mixed with those categorized as invalid. Therefore, a list may have 7 invalid e-mails and 3 spamtraps, but the downloaded file will have 10 e-mails classified as invalid.

3.2.6- About e-mails classified as “Spamtrap” and ” Disposable”, SAFETYMAILS does not guarantee the tracking of 100% of these addresses, limiting itself to identify those already known;

3.2.7- E-mails classified as “Spamtrap”, “Junk”, “Scraped”, “Limited”, “Uncertain”, due to their characteristics, oblige the CLIENT to decide, under his/her sole and exclusive responsibility, to proceed with the maintenance and eventual sending of messages to these addresses, exempting SAFETYMAILS from eventual damage of reputation or inclusion in block lists;

3.2.8- The CLIENT may interrupt the analysis process before it is completed. Because of this option, the analysis results will be updated and e-mails that have not yet been processed will be categorized as “Pending”;

4- Real-time Email Verification Service

The API service is defined by the possibility of the CLIENT installing in his or her digital environment a code provided by SAFETYMAILS, capable of performing validation queries and verification of e-mail addresses in real time.

Rules for API usage

4.1- To use the SAFETYMAILS services through Application Programming Interface (API), it is necessary that some rules are established and followed, as follows:

  1. the installation of the integration code is the CLIENT’s responsibility;
  2. the API is a consultative resource, informing only the status of an email directly consulted by the CLIENT, not storing other existing data in a form (such as name, company, among others);
  3. due to its flexibility of application of the API, the CLIENT acknowledges that performing any kind of blocking in his forms and/or similar ones due to status information provided by SAFETYMAILS is optional and of his entire responsibility;
  4. The API service will only work with an active monthly credit subscription plan. If the monthly credit plan is inactivated (by customer option or default), the API service will be turned off automatically;

API Query Limit

4.2- In order to consistently meet the needs of our clients, SAFETYMAILS imposes limits on the number of queries that can be made, depending on the monthly credit subscription plan hired.

4.2- SAFETYMAILS checks the query limit through its API considering two time units: hour and minute.

4.4- The query limit sets how many queries an account on SAFETYMAILS can perform in a given period of time through the API. (For example, an account with a 1,000 credit subscription plan can execute no more than 100 queries in a one hour period)

4.5- The hour and minute limits applied to each of the plans is as follows:

Monthly plan Hourly connection limit Connections per minute limit
1,000 credits 100 10
2,000 credits 100 10
3,000 credits 100 10
4,000 credits 100 10
5,000 credits 100 10
6,000 credits 100 10
7,000 credits 100 10
8,000 credits 100 10
9,000 credits 100 10
10,000 credits 100 10
15,000 credits 100 10
20,000 credits 114 10
25,000 credits 142 10
30,000 credits 170 10
35,000 credits 199 10
40,000 credits 227 10
45,000 credits 256 10
50,000 credits 284 10
55,000 credits 313 10
60,000 credits 341 10
65,000 credits 369 10
70,000 credits 398 10
75,000 credits 426 10
80,000 credits 455 10
85,000 credits 483 10
90,000 credits 511 10
95,000 credits 540 10
100,000 credits 568 10
120,000 credits 682 11
140,000 credits 795 13
160,000 credits 909 15
180,000 credits 1,023 17
200,000 credits 1,136 19
220,000 credits 1,250 21
240,000 credits 1,364 23
260,000 credits 1,477 25
280,000 credits 1,591 27
300,000 credits 1,705 28
320,000 credits 1,818 30
340,000 credits 1,932 32
360,000 credits 2,045 34
380,000 credits 2,159 36
400,000 credits 2,273 38
420,000 credits 2,386 40
440,000 credits 2,500 42
460,000 credits 2,614 44
480,000 credits 2,727 45
500,000 credits 2,841 47
550,000 credits 3,125 52
600,000 credits 3,409 57
650,000 credits 3,693 62
700,000 credits 3,977 66
750,000 credits 4,261 71
800,000 credits 4,545 76
850,000 credits 4,830 80
900,000 credits 5,114 85
950,000 credits 5,398 90
1,000,000 credits 5,682 95
2,000,000 credits 10,000 189

4.6- When the expected query limit quota is exceeded, the user will receive an error message in the API response, stating that the limit has been exceeded (such as “Query limit per hour exceeded”, “Query limit per minute exceeded”).

Fighting practices considered inappropriate

4.7 – The SAFETYMAILS algorithm is able to identify the use of the API for purposes other than those foreseen by the good practices of the e-mail marketing market. Therefore, SAFETYMAILS may apply penalties when using its API, at its discretion;

DHA (Dictionary Harvest Attack)

4.8 – This is a technique used by spammers in an attempt to discover email addresses on a domain by trial and error in a dictionary attack. This type of practice is not advisable and therefore, in case SAFETYMAILS identifies this behavior, it may, at its sole discretion and at any time it deems appropriate, take the following actions:

  1. contact the CLIENT in order to warn about the practice and request its immediate discontinuation;
  2. in case of recurrence, the CLIENT’s account will suffer an automatic change and will start charging credits for all consultations made, even those in which the result is PENDING;
  3. termination of the service, if SAFETYMAILS understands that the practice is impairing the performance of its services;

5- Rules for credit use

Sobre a aquisição de créditos

5.1- SAFETYMAILS services are available for use on a credit system;

5.2- Each 1 (one) credit makes it possible to check 1 (one) e-mail address;

5.3- Credits will only be included in the CUSTOMER’s account balance after confirmation of payment received by SAFETYMAILS through the banking system or payment intermediary;

About the validity of credits

5.4- Os créditos adquiridos não possuem validade;

About credit usage and purpose

5.5- A credit is consumed from the CUSTOMER’s account balance for each email record identified in a list submitted for processing;

5.6 – When the credit subscription service and the API is enabled, one credit is consumed from the CUSTOMER’s account balance for each email record validated and verified through the API;

  1. for pending query returns, no credit is consumed;
  2. when SAFETYMAILS identifies behaviors in dissonance with its good practices, it may, at its discretion, apply the penalty of charging credits for pending consultations (provided in “combating practices considered inappropriate”);
  3. the CLIENT may purchase separate credits to supplement consumption of the API service when his or her available balance is low or insufficient;

5.7- Repeated email addresses consume validation credits as well, and it is the responsibility of the CLIENT to remove duplicate records before submitting the email file to SAFETYMAILS;

5.8- It is the responsibility of the CLIENT to maintain the amount of available credits in account for the full operation of the system;

5.9- SAFETYMAILS will offer the CLIENT reports on the consumption of his credits, and may offer warnings when credits are not available;

About refunding credits

5.10- It is not possible to return unused credits to the CLIENT in the form of money;

5.11- It is not possible to transfer and/or donate credits between accounts at SAFETYMAILS, even for the same company;

5.12- For the validation service of email lists via upload, the CLIENT will be entitled to partial reversal of credits, only when, at the end of the processing of an email list, exhausting the alternatives available by SAFETYMAILS, there is a volume of emails categorized as “Pending”. Thus, the amount of credits corresponding to the quantity of these records will be credited to the CUSTOMER’s account balance;

5.13- When the CLIENT chooses to stop a mailing list verification whose status is “Partial”, the amount of email records categorized as “Pending” after the file is closed by the system will be added as credits to the CLIENT’s account balance;

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;

7- Pricing

7.1- The CLIENT agrees to pay the costs of the services shown in price tables displayed on the SAFETYMAILS website and system;

7.2- The CLIENT can purchase two types of services

7.2.1- Single credits (pay as you go): purchases of credits for convenience, with no monthly recurrence;

7.2.2- Monthly credit subscription: Programmed purchase of credits, with monthly recurrence of fixed value;

  1. The CLIENT will receive, monthly, the contracted credits volume, as long as the payment is made by the due date;
  2. in cases where the CLIENT does not make the payment by the due date of the credit subscription plan, it will be immediately interrupted;
  3. the CLIENT can choose to pay annually for the subscription credits. However, the account will continue to receive the credits monthly and will not have any refund if the CLIENT withdraws from the service;

7.3- SAFETYMAILS may change the prices of its services. The values may be revised periodically to better suit the continuous improvement of the service. It may also adjust their values annually, or more frequently if allowed by law. Any changes in price will be applied only 30 days after notification is sent to the CLIENT;

  1. the adjustment may involve the purchase of credits and monthly subscription services in full or in part;
  2. the adjustment may apply to all active operations or only to new hires, at the sole and exclusive discretion of SAFETYMAILS;

8- Payment methods and gateways

8.1- Payments will be made by the CLIENT, using the means made available by SAFETYMAILS for your country.

8.2- These payments are mediated by payment gateways contracted by SAFETYMAILS, as follows:

8.2.1- Pagar.me Pagamentos S/A, CNPJ 18.727.053/0001-74, for “boleto bancário” and credit card payments in Brazil

  1. in the case of “boletos bancários” issued by the SAFETYMAILS platform, the beneficiary will be Pagar.me Pagamentos S/A;

8.2.1- Paypal do Brasil Serviços de Pagamentos Ltda, CNPJ 10.878.448/0001-66

8.2.1- Transfeera Pagamentos S.A., CNPJ 27.084.098/0001-69

8.2.1- Stripe Brasil Soluções de Pagamento Ltda, CNPJ 22.121.209/0001-46

8.3- After confirmation of receipt of the amounts by SAFETYMAILS through the banking system, an invoice corresponding to the operation will be issued and made available in the CLIENT’s account;

9- Data Protection

9.1- By adopting this data protection policy in this contract, it is guaranteed:

  1. compliance with personal data privacy laws, regulations, best practices;
  2. the protection of natural persons’ data and respect for privacy;
  3. the protection of SAFETYMAILS’ staff, clients and partners;
  4. the principle of transparency of processes and the inviolability of intimacy, honor and image;
  5. the guidelines in case of violation of personal data;

9.2- SAFETYMAILS stores and processes personal data (e-mails) that are provided by the CLIENT, in the capacity of CONTROLLER, and who has freely and unequivocally given consent to this procedure. In doing so, SAFETYMAILS acts in the capacity of PROCESSOR;

Data

9.3- For the full performance of its services, SAFETYMAILS needs the CLIENT to share e-mail address information (and only these). Without them, it is not possible to fulfill the SAFETYMAILS’ core business;

9.4- only email addresses are necessary for SAFETYMAILS to perform the scope of its email validation and verification service. Although the CLIENT may upload his information in its entirety, containing other fields of personal information, it is unequivocally clear that they are not necessary for the performance of the processing;

9.5- SAFETYMAILS does not provide any type of information that is not related to the status and validity of e-mail addresses and does not offer any service that adds personal data that personally identifies these addresses, such as names, addresses, social networks, among others;

9.6- information not subject to the law, which does not identify or is not likely to identify a natural person may be offered by SAFETYMAILS;

9.7- any use of SAFETYMAILS through an integration via API (from other platforms) requires express permission from the CLIENT in order to carry out the process of validation and verification of emails;

9.8- the entire process of validation and verification of e-mails happens automatically on SAFETYMAILS servers, there is no human interaction in the process;

9.9- only in cases of express request of the CLIENT, SAFETYMAILS may, in exceptional circumstances, conduct manual review of files provided to the SAFETYMAILS system. This process is performed in a controlled environment and all files are deleted immediately after the review.

9.10- SAFETYMAILS ensures that the processing of e-mail validation and verification is done legally, fairly and transparently.

Cookies

9.11- Cookies are text files automatically downloaded to a device when it accesses and browses a website. They serve, basically, so that it is possible to identify devices, activities and user preferences.

9.12- Cookies do not allow any file or information to be extracted from the hard disk of who accesses the site, and it is not possible, through them, to have access to personal information that did not come from the user or from the way he/she uses the site’s resources.

Cookies on the Website

9.13- The site’s cookies are those sent to the user’s computer or device and administrator exclusively by the site.

9.14- The information collected through these cookies is used to improve and customize the user experience, and some cookies can, for example, be used to remember the user’s preferences and choices, as well as to offer personalized content.

Third-party Cookies

9.15- Some of our partners may set cookies on the devices of users who access our website.

9.16- These cookies, in general, aim to enable our partners to offer their content and services to the user who accesses our website in a personalized manner, by obtaining navigation data extracted from their interaction with the website.

9.17- The user can obtain more information on third party cookies and on the way in which the data obtained from them are treated, as well as having access to the description of the cookies used and their characteristics, accessing the following links:

  1. Google Analytics – https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?hl=pt-br
  2. Facebook – https://www.facebook.com/policies/cookies/

9.18- The entities in charge of collecting cookies may assign the information obtained to third parties.

Cookies management

9.19- The user can oppose the registration of cookies by the site, simply by disabling this option in their own browser. More information on how to do this in some of the major browsers used today can be accessed from the following links:

  1. Internet Explorer: https://support.microsoft.com/pt-br/help/17442/windows-internet-explorer-delete-manage-cookies
  2. Safari: https://support.apple.com/pt-br/guide/safari/sfri11471/mac
  3. Google Chrome: https://support.google.com/chrome/answer/95647?hl=pt-BR&hlrm=pt
  4. Mozila Firefox: https://support.mozilla.org/pt-BR/kb/ative-e-desative-os-cookies-que-os-sites-usam
  5. Opera: https://www.opera.com/help/tutorials/security/privacy/

9.20- The deactivation of cookies, however, may eventually affect the availability of some tools and functionalities of the site, compromising its correct and expected functioning. Another possible consequence is the removal of user preferences that may have been saved, jeopardizing your experience.

Legal basis for processing personal data

Contract execution

9.21- For the execution of the contract between the CLIENT and SAFETYMAILS, data related or necessary to its execution, such as the e-mail address, are collected and stored;

Legitimate interest

9.22- For certain personal data processing operations, we rely exclusively on our legitimate interest.

9.23- To learn more about in which specific cases we rely on this legal basis, or to obtain more information about the tests we perform to make sure we can use it, please contact our Personal Data Protection Officer through the contact channel provided in this contract;

How the RECIPIENTcan exercise his rights

9.24- In cases where the RECIPIENT intends to exercise his rights, it will be necessary to prove that he is, in fact, the owner of the personal data subject to the request. Therefore:

9.24.1- we may request documents or other information that may assist in their correct identification, in order to safeguard our rights and the rights of third parties;

9.24.2- this will only be done, however, if absolutely necessary, and the requester will receive all related information.

Security measures in the processing of personal data

9.25- SAFETYMAILS employs technical and organizational measures to protect personal data from unauthorized access and from situations of destruction, loss, misplacement or alteration of such data;

  1. the measures take into consideration the nature of the data, the context and purpose of the processing, the risks that a possible breach would create for the rights and freedoms of the user, and the standards currently employed in the market by companies similar to ours;
  2. all connections to the SAFETYMAILS control panel, as well as its website and other subdomains, are protected by SSL encrypted certificates from Comodo, Certificate Authority in compliance with the AICPA/CIA WebTrust;
  3. all information stored at SAFETYMAILS is protected in server databases stored in OVH Datacenter, which benefits from ISO/IEC 27001:2013 certification, international certifications SOC 1 type II (SSAE 16 and ISAE 3401) and SOC 2 type II and also PCI DSS Level 1 certification;
  4. SAFETYMAILS’ data processing services is performed in the following country: Canada. The CLIENT gives full acknowledgement of this information and consent to data processing;

9.26- SAFETYMAILS stores the processed information of the CLIENT for 3 months, deleting it automatically after this period.

  1. if desired, the User may delete his own information prior to this period at any time (as per LGPD/GDPR).
  2. No information is stored on transportable and personal physical media, such as CDs, DVDs, USB sticks, Notebooks or similar.

9.27- all partners, directors and employees of SAFETYMAILS are obliged to sign a Secrecy and Confidentiality Agreement, encompassing all data and information of the company, its partners, collaborators, prospects, clients and databases.

9.28- Access to databases and datacenter servers is prohibited to SAFETYMAILS employees, being performed only by the DPO/CIO.

9.29- the customer service and sales teams are trained to understand the importance of data protection. They are also instructed to always consult the DPO in case of any doubts about the confidentiality of any information.

Cases of personal data breach

9.30- even if SAFETYMAILS adopts everything in its power to prevent security incidents, it is possible that problems of data leakage occur;

9.31- if any type of security incident occurs that may generate risk or relevant damage to any of our users, we will notify those affected and the National Authority for Data Protection about the occurrence, in accordance with the provisions of the Law.

9.32- SAFETYMAILS is ready to inform the CLIENT of any data leakage within 72 hours of the occurrence, if feasible.

9.33- in case of exclusive fault of the CLIENT, which occurs, for example, but not only, when the CLIENT himself transfers his data to third parties, SAFETYMAILS disclaims any responsibility;

Data Protection Officer

9.34- In terms of the scope of our services and their compliance with data protection and privacy regulations, the Chief Information Technology Officer of SAFETYMAILS is responsible for the full implementation of this policy and acts as the DPO (Data Protection Officer) for SAFETYMAILS.

9.35- messages can be sent to the DPO through the e-mail [email protected] or the following postal address

Avenida Rio Branco, n156, Sala 3236
Centro, Rio de Janeiro/RJ
CEP 20040-901
A/C de SAFETYMAILS DPO

10- Service level agreement

In order to establish the level of service that the CLIENT can count on, SAFETYMAILS informs:

Customer service

10.1- Available service channels and hours

  1. E-mail addresses:
  1. Chat online: available on the website and in the system;
  2. Phone: (brazil) +55 21 3900 8750
  3. Online meetings (such as Google Meet)

10.1.2- The service is available from Monday to Friday, from 9am to 6pm (UTC-03)

10.1.3- Support requests will be answered within 24 business hours

10.1.4- Online meetings will be held as long as they are scheduled in advance and agreed upon by the teams involved

10.2- Service availability

10.2.1- SAFETYMAILS does everything possible to obtain UPTIME of its servers of more than 97%;

10.2.2- SAFETYMAILS has an Uptime checking service that performs tests every 5 (five) minutes, with alerts sent to the technology team in case of need for intervention;

10.2.3- the maximum time for processing a mailing list is up to 24 (twenty-four) hours;

10.3- Maintenance

10.3.1- SAFETYMAILS performs, on a daily basis, maintenance procedures and automatic backup, between 03 and 04 am (UTC-03). This may cause some delays and/or absences in the return of queries made by the API during this period.

11- Suspension of service

11.1- SAFETYMAILS services may be suspended under the following conditions:

  1. by request of the CLIENT, through the account closure mechanism available in the system itself, as well as by request made to SAFETYMAILS by e-mail, in which case SAFETYMAILS reserves the right to execute within 72 (seventy two) hours;
  2. for lack of credits, as long as the CLIENT’s account remains without credits during a period of 60 (sixty) days;
  3. for breach of confidentiality, in the cases foreseen in this document, where the CLIENT will have his/her access blocked, with no right to access data, reports, exports and reimbursements of any kind, besides being immediately submitted to the penalties clause of this document;
  4. by notorious and proven disrespect for data protection laws; where the CLIENT will have his access blocked, without the right to access data, reports, exports and reimbursements of any kind, besides being immediately submitted to the penalties clause of this document;

11.2- SAFETYMAILS reserves the right to change, suspend or remove (temporarily or permanently) its website and services;

  1. in case of suspension of the services, SAFETYMAILS will inform via e-mail and also on the system access screen the date and period of suspension;
  2. in case of termination of services, SAFETYMAILS will inform via e-mail and also on the system access screen the date of termination of its activities, in which case the CLIENT agrees that he/she will not be subject to any kind of refunds of any kind, under any circumstances, on purchases made previously, regardless of the amount of credits available in the balance of his/her account, being up to the CLIENT to consume these credits by the deadline date informed;

11.3- in any event, upon closing an account, the CLIENT acknowledges that:

  1. validated e-mail lists will be deleted, without possibility of recovery;
  2. available credits will be cancelled, with no refund of any kind;
  3. activated integrations and API sources will be cancelled and deleted;
  4. consumption history and financial data will be deleted;

12- Penalties

12.1- The non-observance of any of the provisions established herein will subject the violator, as well as the agent that caused or facilitated, by action or omission of any of those listed in this contract, to the payment or recomposition of all losses and damages evidenced by the parties, as well as those of civil and criminal liability, which will be ascertained in regular judicial or administrative proceedings;

13- Validity and changes to this term

13.1- The validity of this contract is indefinite, and will remain in effect for the duration of the service relationship between SAFETYMAILS and the CLIENT;

13.1.1- the validity of issues inherent to secrecy and confidentiality of information are in accordance with what was previously foreseen in this document;

13.2- SAFETYMAILS reserves the right to make modifications or substitutions to all or part of this agreement and any of its attachments at any time, whereby the CLIENT gives automatic acknowledgement and acceptance;

13.2.1- in case of changes, SAFETYMAILS will inform the CLIENT through the registered e-mail;

13.3- this document is available on the SAFETYMAILS website and may be consulted by the CLIENT at any time;

13.4- in case of eventual disagreements, the CLIENT may request the cancellation of the services provision;

14- Jurisdiction

14.1- The competent jurisdiction to settle any doubts or controversies resulting from the execution of this instrument is the city of Rio de Janeiro, State of Rio de Janeiro, Brazil, in case they are not administratively solved;

14.2- For being fair and agreed, the parties automatically accept this contract to provide services, through the process of creating a CLIENT’s account at SAFETYMAILS registered by IP address, with date and time of the operation, supported by the Brazilian legislation.

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