NextRoll Email Service Addendum
Effective: September 10, 2019
To see our prior NextRoll Email Service Addendum, click here
This NextRoll Email Service Addendum (“NextRoll Email Addendum”) supplements the NextRoll, Inc. (“NextRoll”) Terms of Service (“Terms”) and together the Terms and this NextRoll Email Addendum govern your use of the NextRoll email services.
1. Additional Definitions:
“Emails” means emails that you create using the NextRoll email services which will be sent by an email service provider (“ESP”) that you currently use or that NextRoll uses on your behalf (depending on your implementation), triggered by criteria that you create using the NextRoll email services.
“Email Addresses” means functional end user email addresses collected through the NextRoll email service that NextRoll provides to an ESP to send the emails on your behalf. Email Addresses form part of “Customer CRM Data” as defined in the Terms.
2. NextRoll Email Service Description. Through the NextRoll email service, email addresses are collected by NextRoll from your website through the NextRoll Pixel and any required integration steps performed by you. Email Addresses will be associated with NextRoll cookies, or other tracking devices, so that emails can be triggered to segments of your site visitors. NextRoll agrees to provide the NextRoll email services to you as more specifically set out here: NextRoll Email Product Documentation.
End User Consent. You represent and warrant that you have obtained all permissions (e.g., opt-in consent) from your users as may be required by applicable law, regulation or self regulatory industry guidelines to:
- allow NextRoll to send commercial emails on your behalf for any email addresses that are collected in connection with the NextRoll email services,
- allow NextRoll to collect and use the email addresses for the NextRoll email services, and
- allow NextRoll to collect and use hashed versions of the email addresses for NextRoll’s business purposes in accordance with NextRoll’s Service Privacy Notice.
If any permissions are withdrawn, or an opt-out or unsubscribe is received by you during the course of receiving NextRoll email services or you become aware that any Email Addresses are inaccurate, you will immediately remove affected Email Addresses from the NextRoll email service either by updating your unsubscribe list in your ESP integration or by notifying NextRoll.
Email Content. Any text, images, or other content you provide or NextRoll utilizes as part of the NextRoll email services that will be included in the Emails will be considered Client Content as set forth in the Terms.
Compliance with Law. You will adhere to all applicable laws and self regulatory industry guidelines regarding your use of the NextRoll email services, including without limitation, CAN SPAM (US Federal Law), CASL (Canada), Spam Act 2003 (Australia), EU Directive 95/46/EC and EU Directive 2002/58/EC and the General Data Protection Regulation as well as any other ones relating to privacy, data protection, and electronic communication. Specifically you shall be responsible for providing any headers, footers or other disclosures in Emails to be compliant with applicable law as well as a working unsubscribe mechanism and processing and honoring any opt-out/unsubscribe.
While NextRoll may provide tools and documentation in the NextRoll email service designed to help you comply, this does not discharge you of your legal obligations to comply with applicable privacy, anti-spam and direct marketing laws. It is your responsibility to seek independent legal advice on how to comply with these laws.
To the extent allowed by law, you agree you are the sole “sender” or “initiator” of the Emails for purposes of US CAN SPAM or similar laws in other jurisdictions.
Fees. NextRoll’s fees for the NextRoll email services are described here. NextRoll may cancel NextRoll email service either for you or entirely at any time for any reason without notice to you.
Indemnity. In addition to any indemnity obligations in the Terms, you will defend, indemnify, and hold harmless NextRoll and its officers, directors, employees and subsidiaries from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim by a third party regarding the following:
- your use of the NextRoll email service in breach of the Terms (including this Addendum);
- your breach of any law, including laws relating to privacy and spam; and
- the use by NextRoll of any data collected or obtained by NextRoll in connection with the provision of the NextRoll email service for the uses and purposes set out in clause 4.
NO WARRANTY: To the maximum extent permitted by law, we provide the NextRoll email service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.
4. NextRoll Responsibilities:
Use of Email Addresses. Except as otherwise described in this Addendum, NextRoll will only use Email Addresses for the purpose of providing the NextRoll email services. NextRoll will not disclose Email Addresses to any third party, other than in connection with performing the services or if required to comply applicable law or as otherwise described in the NextRoll Services Privacy Notice.
NextRoll may collect hashed versions of the Email Address and use these hashed email addresses as well as any other data about your use of the NextRoll email service for any purpose as allowed for by NextRoll’s Service Privacy Notice including after you stop using the NextRoll email service. The hashed email addresses is Service Data as defined in the Terms.
Security. NextRoll will provide appropriate security to protect Email Addresses while in NextRoll’s possession.
5. Governing Terms. The existing NextRoll Terms of Service (available at http://www.nextroll.com/terms) and our Privacy Notice (available at http://www.nextroll.com/privacy) will continue in effect and will govern this NextRoll Email Addendum. The parties agree to include the NextRoll email service in the definition of NextRoll Services as set forth in the NextRoll Terms of Service. If there is any conflict between the NextRoll Terms of Service and this NextRoll Email Addendum, the terms of this NextRoll Email Addendum will rule.