Keeping things organised for you – definition of terms
That’s us. FreshMail is a limited liability company with its registered office in Kraków, entered into the commercial register of the National Court Register (KRS) by the District Court of Kraków-Śródmieście in Kraków, 11th Commercial Division of the KRS, under KRS number: 0000497051 or FreshMail Holding S.A. with its registered office in Kraków, entered into the commercial register of the National Court Register (KRS) by the District Court of Kraków-Śródmieście in Kraków, 11th Commercial Division of the KRS, under KRS number: 0000709992 - depending on which entity.....
- FreshMail provides email marketing services through the FreshMail Portal. These services are provided by supplying you with the tools and functionalities of the FreshMail App.
- You can use other functionalities available in the FreshMail App, such as:(i) SMS marketing;(ii) transactional emails (you must sign a separate contract with FreshMail to be able to use them);
(iv) Landing Pages.
- Under the Contract concluded, you are entitled to a license for the FreshMail App in the fields of exploitation specified in Articles 74 and 75 of the Copyright Act; however, you shall not:(i) permanently or temporarily duplicate the FreshMail App in whole or part with any means or in any form;(ii) translate, adapt, modify the layout or otherwise change the FreshMail App;
(iii) make backup copies of the FreshMail App;
(iv) duplicate the source code or translate its form as construed under Article 74(4)(1 and 2) of the Copyright Act.
The license granted to you enables unobstructed sending of Campaigns and use of other functionalities available in the FreshMail App.
- The license granted to you and its related rights to use the FreshMail Portal, Documentation and App will expire when the Contract is terminated, expires or is withdrawn from.Everyone’s been through this – Signing up
- To use the FreshMail App, create an email account or use an email account you already have.
- If you already have an email account and your terminal meets the foregoing criteria, the next step is to sign up for FreshMail. Without signing up, you cannot access any functionalities of the FreshMail App. The Sign-up Form is available at freshmail.com . You will need to fill it with your real personal data:(i) your first name;
(ii) your email address;
(iii) your phone number.
You will also need to set up and confirm a password for your Account. Your password should be very secure and include at least 8 characters: different letters and digits or special characters. We also recommend that you enable the two-factor authentication option (2FA), which provides your account with additional protection. You can find out how to activate this function here. The FreshMail App will verify your password and tell you if it meets the criteria.
- Note that the FreshMail App is operated on the Internet. That is why all information and documents related to the FreshMail Portal and the use of the FreshMail App will be sent to you over the Internet only. If you wish to stay up to date with all the innovations in email marketing, such as new functionalities added to the FreshMail App or the latest marketing trends, do not forget to give your consent to the processing of your personal data for marketing purposes by FreshMail, which includes direct marketing, especially for the transmission of FreshMail’s commercial information to you.
- Remember that the email address you have signed up with is your login to the FreshMail App and you need it to sign in for the first time. You can always request a change of your login by contacting the FreshMail Customer Support.
- The FreshMail App will only work correctly on the browsers we support. The currently supported browsers can be found on our website. We would like to point out that the FreshMail App may not work properly or at all with other versions of browsers.What can I upload to the FreshMail App?
- By now, you should have a very good understanding of Article 10 of the E-Services Act and Articles 4(7) and 6(1) of GDPR. To manage your email and SMS marketing, you can upload email addresses and phone numbers owned by Subscribers who have been verified as having granted you their consent to receive commercial information by electronic channels of communication. To use other functionalities of the FreshMail App (e.g. transactional emails, webinars), you need to secure a correct legal basis for the processing of Personal Data. To do this, you must become a Personal Data Controller as construed under GDPR (or act as a Personal Data Processor for and on behalf of the Personal Data Controller). This, in turn, requires you to conclude a personal data processing outsourcing agreement with FreshMail. You can find more details about what you can upload to the FreshMail App in the Anti-Spam Policy.
- If you do not know Article 10 of the E-Services Act, read it here.
- If you do not know Article 4(7) or 6(1) of GDPR, you can read both here.
- Note that you are solely and fully liable for the data and Content you upload to the FreshMail App. You shall indemnify and hold FreshMail harmless from any liability for the data you have uploaded to the FreshMail App.
- If you have previously taken advantage of a Trial Period, just after you enter into the Contract with FreshMail for the paid use of the FreshMail App, all your data, your Subscriber Lists and Contents will be saved in the paid account.How do I send my first Campaign?
- The FreshMail App has been designed for easy and intuitive use by everyone eligible. FreshMail enables you to design your Campaign from scratch or by applying predefined solutions. If you need any help, read FreshMail’s ‘How to plan an email campaign’. You can find it here. Remember that it is you who creates your Campaigns and their content. FreshMail only provides you with the right tools to so.
- Remember that Campaigns sent through a paid Account are released only when the Account has no outstanding payments. FreshMail automatically posts all fees credited and made by you online. You need to be patient, however, as the payment processing can take anywhere from a few minutes to a few days.
- You can find the results of each sent Campaign in the Report, which is updated on an ongoing basis. The Report registers the activities of Subscribers for the duration of your paid use of the FreshMail App. The Subscriber activity after this period will not be included in the Report.
- The photographs featured in the templates from the FreshMail template library are indicative only, and you should not use them in any actual Campaigns.Payments
- You will be fully and solely liable for every Campaign you send, every Landing Page published and every Webinar organised using your Account, and for all their Content. All the Campaigns, Landing Pages and Webinars you create are your sole liability and responsibility, and you are also liable for all the users whom you gave additional access credentials to your Account.
- You will not use any Accounts of other users or share your Account with anyone other than the users you have authorised to use the FreshMail App and process the Personal Data featured in the FreshMail App.
- You will not use the Account, the FreshMail Portal, the FreshMail App or the Documentation for purposes other than required to perform your Contract.
- You will protect FreshMail’s intellectual property rights and trade secrets.
- You will keep confidential all information obtained in relation to the Contract, especially the provisions of the Contract unless made public by FreshMail.
- You will notify FreshMail in seven (7) days of each change of your contact email address. Your contact email address is the email address you have used to sign up. You can change it in your Account Settings → Contact. Note that your contact email address is NOT your login. To change your login, contact the FreshMail Customer Support here.
- You agree that you use the FreshMail Portal and App voluntarily.
- All the data you have provided to sign up for FreshMail is true.
- All Personal Data, Content and other information which you may upload to the FreshMail App will be uploaded in compliance with FreshMail’s Anti-Spam Policy, the prevailing regulations of law and social conduct, and no upload will infringe on any rights of any natural person or organisation.
- You are a Personal Data Controller of the Personal Data processed in the FreshMail App according to GDPR, or you are a Personal Data Processor, an entity which processes Personal Data under a personal data processing outsourcing agreement concluded with a third party or third parties.
- The Content you upload to the FreshMail App shall not violate the prevailing regulations of law and third-party rights.FreshMail warrants and represents the following:
- FreshMail will keep confidential all the databases you upload to the FreshMail App.
- FreshMail will advise you of every actual or suspected violation of your trade secrets or the prevailing regulations of law which occur or might have occurred during the discharge of the Contract.
- If you allow FreshMail in prior by email or letter to do so, FreshMail may use your Campaigns and/or Landing Pages and their delivery results in part or whole as case studies for industry meetings, conferences, published papers or research work. Remember: if we ask for this permission, a “No” is also a good answer.
- FreshMail continues to improve its Portal and App and strives to improve the effectiveness of your Campaigns. That is why you agree for FreshMail to use the statistical data generated from your Campaigns for statistical analysis and research, and the statistical data includes:(i) number;
and for FreshMail to publish the results of its statistical analysis and research of your statistical data at industry meetings and conferences and in published papers or research work. FreshMail warrants and represents that no use of your statistical data will enable any identification of you or your Subscribers.
- If you are satisfied with the services provided by FreshMail, let us boast about it! FreshMail may ask for your consent to publish information about FreshMail’s business with you, including by publishing your logo on FreshMail’s website. Remember: if we ask for this permission, a “No” is also a good answer.Outsourcing of personal data processing
- When you create an Account in the FreshMail App, a document titled “Personal Data Processing Outsourcing Agreement” is generated for you to sign, which is obligatory.
- Note that you are a Personal Data Controller (or, as applicable, you act as a Personal Data Processor on behalf of a Personal Data Controller) and you are required to conclude an agreement with FreshMail to specify the extent and purposes of outsourcing of personal data processing by FreshMail. You can do this in one of four ways:
- Click the “Accept the Agreement” button below the Personal Data Processing Outsourcing Agreement generated in the FreshMail App, which is equivalent to signing the Agreement electronically.
- Download, print, sign by hand, scan and upload the Personal Data Processing Outsourcing Agreement back to the FreshMail App.
- Download, print, sign by hand, and send the Personal Data Processing Outsourcing Agreement by mail to the corporate headquarters of FreshMail.
- Conclude a separate non-exclusive license agreement on paper and with the Personal Data Processing Outsourcing Agreement as its attachment.
- Unless you sign the Personal Data Processing Outsourcing Agreement with FreshMail, FreshMail may prevent you from:(i) uploading any database to your Account (also when uploading via any Landing Page or other services provided by third parties); (ii) sending Campaigns and transactional emails,
(iii) organising Webinars
(iv) publishing any Landing Pages you may create.
- FreshMail is outsourced for and manages the processing of Personal Data on your behalf against your payment for the FreshMail App which you use.
- You can download Personal Data from the FreshMail App (if any Personal Data has been uploaded and potentially modified to and in the FreshMail App) into a CSV (comma-separated values) file. The CSV file will include the Personal Data of your Subscribers uploaded to the FreshMail App and the contents of the additional fields stored in the FreshMail App. This way FreshMail discharges its obligation imposed by Article 20(1) of GDPR.Moderation
- Campaigns and Landing Pages sent or shared from all types of FreshMail Accounts are subject to moderation, irrespective of the Payment plan in effect.
- Moderation by FreshMail does not release you from your liability for the content and management of your Campaigns and Landing Pages.
- Aside from Moderation, FreshMail has the right to remove certain Content which you may have uploaded to the FreshMail App; this applies especially to the content published on Landing Pages and reported beyond any doubt by any third party or officials to be in violation of anyone’s rights and/or the prevailing regulations of law.Account and sending block
(iii) you have failed to pay for the use of the FreshMail App for at least two or more Billing Periods, i.e. 60 (sixty) days from the due payment date.
- If FreshMail identifies a Campaign, a Landing Page or a Webinar which has been sent, published or organised against FreshMail’s Anti-Spam Policy or the prevailing regulations of law, or if Spamtraps are found by FreshMail on any Subscriber List you have (including abuse@domain email addresses and/or postmaster@domain email addresses), FreshMail may permanently block you from sending any Campaigns to these Subscriber Lists.Provisions on the correct use of the FreshMail App
- The correct use of the FreshMail App ensures superior standards and efficiency for thousands of our customers. It is therefore important to adhere to the provisions on the correct use of the FreshMail App in such a way that it is equally satisfactory for all its users. In consequence, some instances of the customer’s use of the FreshMail App may be considered a misuse, despite the fact that the customer has bought FreshMail’s services under the “Unlimited” plan. This is in compliance with the provisions of Polish law, according to which you cannot make use of your right which would be contrary to the socio-economic purpose of this right or with the principles of social coexistence.
- We have defined certain misuse parameters to ensure that the excessive use of certain features does not have a negative impact on the use of the FreshMail App by other customers or on the effectiveness of their campaigns. We define misuse as, in particular, a situation where a customer uses the FreshMail App in a manner with goes beyond standard use, causing a significant overload of our systems, which has a negative impact on the use of the FreshMail App by other customers. In such a situation, we will inform the customer and give them instructions on how to use the FreshMail App in the correct manner.
- If the customer continues to misuse the FreshMail App, FreshMail reserves the right to suspend or block their Account. Each such case shall be considered by us individually and at our discretion. In the above-mentioned cases, the customer is not entitled to demand reimbursement of any amounts paid to FreshMail.Termination of the Contract
- You may terminate the Contract at any time with at least 7 days' notice, at the end of the subscription period you have chosen when entering into the Contract. If you have chosen a monthly subscription, the termination will be effective at the end of the respective billing period in which the aforementioned 7-day notice expires. If you have chosen an annual subscription, the termination will be effective at the end of the annual period you have paid for.To submit a notice of termination, use the "Cancel subscription" option available in your account after logging in.
- FreshMail may terminate your Contract at any time by sending you a notice of termination by email or letter. Once served, your notice of termination will be effective at the end of the month following the month in which the notice of termination is submitted.
- FreshMail may terminate the Contract with you at any time, without disclosing the reason of the termination to you, with immediate effect and a refund of the up-front payment made by you, where the refund will be prorated by the number of days remaining to the end of your subscription or credits used in the FreshMail App, and without any liability on part of FreshMail for the termination.
(ii) you are or have been in violation of the prevailing regulations of law;
(iii) you have failed to conclude a Personal Data Processing Outsourcing Agreement with FreshMail;
(iv) if you have failed to make a payment to FreshMail for two or more Billing Periods, i.e. for more than 60 days; In this case, after the expiry of the Contract, you will still have access to the tab showing your unpaid invoices. Once they are paid, you will be able to purchase a new subscription plan and use your account once again;
(v) you have cancelled an order for Personal Data processing outsourced from FreshMail;
(vi) you have requested the removal of your own Personal Data in whole or in any part which renders FreshMail unable to perform the Contract, or you have objected to the processing of your Personal Data by FreshMail.
Do not worry, though; FreshMail will not terminate your Contract or delete your Account without notice. Before we terminate your Contract and delete your Account, we will send you a message reminding you to make the necessary payment.
- You may delete your Account on your own with the Delete Account feature in your Account Settings. This will delete your Account and all its data.
- FreshMail shall have the right to delete your Account if any of the following circumstances occur:(i) The Contract has expired or has been terminated for any reason;
(ii) You have not signed in for more than 12 months in succession;
(iii) You fail to make payments due to FreshMail within 180 days of the expiry date of the previous plan. Exceptions to this are rebranded domains used in Landing Pages, which will be deleted 30 days after the expiry date of the previous plan.
Do not worry, though; FreshMail will not delete your Account without notice. Before the time comes for your Account to be deleted, FreshMail will send you a request to make the necessary payment.
- Your Account can be restored in 60 days after it is deleted. This will require a manual intervention by programmers and the cost of this service is defined in the Price List.
- On your request, FreshMail will issue a Certificate of Personal Data Destruction for the Personal Data which have been uploaded to the FreshMail App via your Account if the Personal Data is to be destroyed.
- The deletion of your Account will not revoke your consent to receive electronic marketing communication from FreshMail or revoke your consent for processing your Personal Data by FreshMail for electronic marketing communication.Additional services
- FreshMail is enjoying a dynamic growth and continues to implement new solutions. FreshMail enables you to send transactional emails. If you wish to use FreshMail’s full transactional email service, contact the FreshMail Sales Department here to conclude the relevant agreement. If you only want to test the functionality of the transactional email service, you can send a maximum of 25 transactional emails every day without any additional agreement.
- FreshMail may, upon your request, generate individual reports with a summary of your Subscribers’ data. An extra fee will apply for this service. The service fee will depend on the workload required from FreshMail to deliver your order. Contact the FreshMail Customer Support for more details.Modifications
- From time to time, FreshMail may:(i) establish new fees for the use of extra services featured int the FreshMail Portal and/or in the FreshMail App. No such extra fees will affect the sending of your Campaigns.
- Each amendment or modification becomes effective on the date specified in the notice for you.
- The FreshMail App is just a tool you use. Therefore, you accept that FreshMail shall not be liable for any damage caused by:(i) malfunctions of other systems beyond our control;
(iii) interference by third parties who gained access to your account through you or in other circumstances beyond our control;
(iv) FreshMail shall not be liable for any damage, including the loss of profits, or loss of data or information as a consequence of: a failure to deliver data or information to the Subscribers or delivery of the data or information to recipients other than intended, delay in delivery, or interruptions in the operation of the FreshMail App or service provision unless proven to be solely attributable to FreshMail;
(v) FreshMail shall not be liable for any unlawful use of the FreshMail App or its use which is contrary to good practices, regardless of the method of its application;
(vi) FreshMail’s limit of liability to you is the average monthly (1 month) payment made by you to FreshMail in the past 12 months;
(vii) you are solely liable for every database and Content you upload to the FreshMail App, and this includes your liability to FreshMail.
Personal Data processing
- FreshMail also processes various Personal Data, some of which is most precious to you – as it is your Personal Data.
- FreshMail strives for excellence in everything it does. FreshMail continuously improves and develops its Portal and App for you. This is why FreshMail may, from time to time, launch a new version of FreshMail services.
(ii) by letter to:
FreshMail sp. z o.o.
29 Listopada 155 C,
31-406 Kraków, Poland
- FreshMail’s warranties and representations will be submitted to either of the following which you have provided while signing up:(i) by email to email@example.com;
(ii) your mailing address.
- Any disputes which may occur between FreshMail and you shall be settled in the court of jurisdiction over FreshMail.