[Version: 8/5/19]
UKChanges Terms of Use
We (Direct Select (192) Limited) trading as UKChanges (Registered No. 2595651) (“We”, “we”, “Us”, “us”, “Our” or “our”)) take data protection, email law, permission and best practice very seriously.
Ensuring responsible and legally compliant use of our platform, including preventing Spam related abuse is a very important part of what we do and as a result anyone that uses (each person (including you) being a "User") the software, data or services made available by us (whether directly or indirectly via the Service Providers) at control.online.efl.com ("Solution") needs to adhere to these Terms of Use and permission to use the Solution is conditional on doing so
Those that violate any part of these Terms of Use run the risk of having their access to our Solution suspended or terminated. You confirm that your organisation accepts full responsibility for the acts and omissions of its Users in connection with the use of the Solution and adherence to the Terms of Use.
Continual monitoring of our Solution operates 24/7 on all of the IP addresses within our network ranges and in addition we monitor FBL complaint rates, soft bounce and hard bounce rates (amongst other things) to check that our Solution is not responsible for Spam related abuse.
These Terms of Use are in addition to any other arrangements which you or your organisation have entered into with third parties (“Service Providers”), for access to the Solution (such other third party arrangements being referred to as “Service Terms”). To the extent of any claims in relation to the Solution, you agree that you must enforce your rights or claims only against the Service Providers under the Service Terms (as these Terms of Use do not vary the Service Terms, nor do they provide you with any rights or remedies against Us or the Service Providers (with all of our liability being excluded to the maximum extent permitted by law), as these Terms of Use do not provide you with any warranties or assurances, but address certain requirements which we and our licensors require us to impose on Users and their organisations in their use of the Solution).
Personal data
When using our Solution, you may create and update personal data relating to your contacts ("Client Data").
Please note that we do not allow special categories of personal data to be stored within our Solution.
Processing personal data
Personal data "processing" requires a lawful basis to do so and if that does not exist then the personal data cannot be used in any way.
Gaining consent is an example of a lawful basis and, for example, can be gathered from individuals when they fill out a form on a website where personal data and preferences are entered.
It is only acceptable to use personal data within our Solution where consent has been gathered, or there is another lawful basis, otherwise the personal data needs to be regarded as unacceptable for use within the Solution.
Unacceptable use
Our Solution must never be used to harass individuals, send offensive messages or promote anything illegal and all Users of the Solution must operate within the bounds of any current laws and data privacy legislation.
We do not allow the use of third-party opt-in lists. These kind of lists are basically Spam by another name so do not attempt to import them into the Solution.
In our experience there are certain types of content that people do not want and as a result generate higher complaint rates and damage to sender reputation.
Therefore, we do not allow email content of these types to be sent using our Solution:
· Bankruptcy, debt repair or debt consolidation
· Stocks and shares trading
· Affiliate or multi-level marketing
· Adult personal services
You also agree that you shall not:
· grant any rights to third parties to allow them to use the Solution, except where this is expressly permitted by the Service Terms
· reproduce or otherwise use the Solution for any purpose which has not been authorised by us or which contravenes the Service Terms
· use the Solution (i) to target data subjects under the age of 16 (ii) for, or in connection with, any pornographic, religious, political, offensive, racist or discriminatory purpose (iii) in a way that promotes unlawful violence or (iv) in a manner that is otherwise illegal or causes damage or injury to any person or property
· directly nor allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Solution; (ii) reverse engineer, decompile, disassemble, except as expressly permitted by the law in effect in the jurisdiction in which User is located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Solution; (iv) remove any proprietary notices or labels; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Solution; or (vi) use unauthorised data
· transfer, download or store any software or data that you know or ought to know contains any viruses, Trojan horses, worms, time bombs or other computer programming devices which are intended to damage the Solution, any connected systems to the Solution, or any data accessible from the Solution
Complaints & feedback
Your account has its own "Abuse" and "Postmaster" email addresses and we require you to actively monitor messages and follow-up with any required actions or responses in a timely manner.
If you require more information about how to change the details of these two mailboxes please send an email to support@ukchanges.com or search the help pages.
Best practice
Everything is urgent but that is never a reason to overlook best practice. Not taking the time to implement a best practice approach will more than likely end up with you being labelled as a sender of Spam.
· DKIM and SPF are mandatory. Never send emails that are not using these two email authentication standards
· Ensure Feedback Loop (FBL) Complaints are being processed
· Use custom sending and click tracking domains and not generic / shared domains
· Suppress old and unresponsive email addresses
Further Processing Details
We use cookies, log files, pixel tags and other tracking technologies to automatically collect information about your activities, such as your searches, page views, date and time of your visit and other information about your use of our Solution.
By using our Solution, you agree to our use of cookies in the manner outlined above.
Please note that it is not a good idea to reject all cookies as this will result in restricted access to certain features and may generate unexpected results.
Information we may collect about your contacts
When using our Solution, you may create and update personal data relating to your contacts ("Client Data") such as email address, first name, last name, date of birth, gender and other information.
Client Data may also be entered directly into the Solution by you through the use of features such as Forms, Automation and API integration with other applications which are not otherwise limited or controlled by us, subject to our Terms of Use not being violated.
We only ever use Client Data to provide the services of our Solution to you via any applicable Service Providers, such as sending email campaigns, tracking email opens and tracking clicks on links, and do not share Client Data with other third parties, except where required to do so by law.
Where we store your personal data
The personal data that we collect from you is stored within our data centres in the UK but the personal data may, from time to time, be transferred to and / or stored outside of the UK or the EEA for the purpose of providing the Solution to you.e.
If we do this, the personal data will continue to be subject to one or more appropriate safeguards set out in the law. These might be the use of model contracts in a form approved by regulators, or having our suppliers sign up to an independent privacy scheme approved by regulators (such as the US 'Privacy Shield' scheme).
You are responsible for keeping your login profile details (email address and password) confidential. We ask you not to share your password with anyone and advise that you change your password regularly.
How we use your personal data
We may use the personal data we collect from you or that you have provided to us in the following ways:
· To check your identity when logging into our Solution
· To provide you with services of our Solution via the Service Providers, which may include to the extent applicable:
How we share your information
We may share your information with third party service providers who use this information to perform services for us, such as hosting providers, technology companies, software developers, auditors, advisors, consultants, customer service and support providers, as well as those who assist us in providing the services of our Solution.
We may also disclose your personal information to third parties:
· Where required or authorised by law
· In the circumstances described in any Service Terms
· To assist the lawful investigation of a law enforcement authority
· To protect the rights, property or personal safety of customers, or any member of the public
· Where the assets and operations of the business are transferred to another party as a going concern
· As otherwise described in the Terms of Use
How long we retain your personal data
We retain the personal data collected from you by us, or provided by you to us, for a period of time dictated by either a legal obligation or where it is necessary in order for us to provide the services of our Solution to you via the Service Providers.
The period of time we retain personal data for relates to and is in accordance with any terms of the Service Terms.
Amending your information
You may update or correct your login profile information at any time by logging in to your account.
You may update or delete your Client Data at any time through the use of the features provided by our Solution by logging in to your account.
Changes to our Terms of Use
Any changes we may make to our Terms of Use in the future will be brought to your attention and your continued use of the Solution will be deemed acceptance.
If you have any feedback or queries
Questions, comments and requests regarding these Terms of Use can be emailed to support@ukchanges.com.