AdRoll Email Services Addendum

Effective April 21, 2020

To see our prior AdRoll Email Services Addendum, click here

This Email Services Addendum ("Addendum") supplements the NextRoll Terms of Service (www.nextroll.com/terms) ("Terms of Service") and, together with all applicable Service Addenda, Order Forms and Insertion Orders (collectively, the "Agreement"), governs Customer’s use of the Email Services. All capitalized undefined terms used in this Addendum shall have the same meanings assigned to them in the Terms of Service. If there is a conflict between this Addendum and the Terms of Service, this Addendum will apply with respect to the conflicting term only.

  • Additional Definitions
    • "Emails" means emails that Customer creates through, and for use with, the Email Services. Emails form part of “Customer Content” as defined in the Terms of Service.
    • "Email Addresses" means End Users’ clear (plain text, unhashed) email addresses: (i) collected through the Technology (i.e., the NextRoll pixel) as authorized by the Customer; and/or (ii) provided by Customer to NextRoll, for the purposes of the Email Services. Email Addresses form part of “Customer CRM Data'' as defined in the Terms of Service.
  • Description of Email Services. Customer may use the Email Services to: (i) collect Email Addresses on Customer Sites using Technology and any integration steps that may be required; and/or (ii) send Emails to End Users directly through third party email service providers ("ESP"), or have NextRoll send such Emails to ESP’s on Customer’s behalf. If configured by the Customer, Email Addresses may be associated with NextRoll cookies, or other tracking technologies, so that Emails can be triggered to be sent to segments of End Users. The Email Services are described in more detail here: AdRoll Email Documentation.
  • Customer Responsibilities
    • End User Consent. In addition to the representations and warranties in the Terms of Service, Customer represents and warrants that it has obtained all permissions (e.g., opt-in consent) from its End Users as may be required by Applicable Law to allow NextRoll to:
      • collect and use the Email Addresses for purposes of providing the Email Services; and
      • send commercial Emails on Customer’s behalf to all Email Addresses that are collected and/or provided by Customer.
    • Hashed Email Addresses. Where Customer configures the Technology to collect Email Addresses from Customer Sites, Customer acknowledges and agrees:
      • NextRoll will collect hashed emails and other End User identifiers (collectively, "Hashed Emails"), derived from such Email Addresses. Hashed Emails are considered Service Data and stored as a persistent part of NextRoll’s cross-device graph as detailed in the Terms of Service; and
      • to include the cross-device disclosures in its online privacy notice as set out in the Terms of Service.
    • Sending Emails. Customer is solely responsible for:
      • determining whether a particular Email may be delivered to a particular Email Address under Applicable Law including in terms of obtaining and providing consents and disclosures. To the extent allowed by Applicable Law, Customer agrees it is and will be the sole "sender" or "initiator" of the Emails for purposes of CAN SPAM (defined below) or similar laws in other jurisdictions;
      • including all headers, footers or other disclosures that may be required in Emails under Applicable Law; and
      • honoring, processing and maintaining adequate records of all End User opt-out and unsubscribe requests under Applicable Law.
    • End User Consent Withdrawn. If any End User consents are withdrawn, or an opt-out or unsubscribe is received by Customer during the course of using the Email Services, or Customer becomes aware that any Email Addresses are inaccurate, Customer will immediately remove affected Email Addresses from the Email Services either by updating Customer’s unsubscribe list in its ESP integration, or by notifying NextRoll. NextRoll will not be responsible for Customer’s failure to comply with End User requests in a timely manner.
    • Compliance with Law
      • Customer will comply with all Applicable Laws regarding its use of Email Services, including without limitation (as applicable) Controlling the U.S. Assault of Non-Solicited Pornography And Marketing Act 2003 ("CAN SPAM") and the Canadian Anti-Spam Legislations ("CASL"), as amended.
      • Customer acknowledges that while NextRoll may provide tools and Documentation in the Email Services to assist Customer with compliance, this does not discharge the Customer from its legal obligations to comply with applicable privacy, anti-spam and direct marketing laws. It is Customer’s responsibility to seek independent legal advice on how to comply with these laws.
  • NextRoll Responsibilities
    • Use of Email Addresses. NextRoll will only use Email Addresses for the purpose of providing the Email Services. NextRoll will not disclose Email Addresses to any third party, other than in connection with performing the Email Services or as may be required to comply with Applicable Law or as otherwise described in the NextRoll Service Privacy Notice.
    • Data regarding Customer use of Email Services. NextRoll may create and derive from its provision of the Email Services anonymized and/or aggregated data that does not identify any Customer or End User, to use, publicize or share with third parties such data to improve NextRoll's products and services and for NextRoll's other lawful business purposes.