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\n\", \"\");\r\n strippedString = strippedString.replaceAll(\r\n \"
\",\r\n \"\"\r\n );\r\n return strippedString;\r\n } else {\r\n return \"\";\r\n }\r\n }\r\n}\r\n\r\nmodule.exports = textHelpers;\r\n","\n
\n Design, personalize, and automate email campaigns that drive\n engagement. Create stunning emails, segment your audience, and\n tailor messages to specific customer journeys. With A/B testing,\n scheduling, and performance tracking, our tool ensures every\n campaign delivers results.\n
\n \n Learn more\n \n\n Capture new subscribers with customizable forms that can be\n hosted or embedded on your website. Build your audience and\n collect leads seamlessly.\n
\n\n Draft subject lines and email copy in seconds. Just share your\n thoughts and it'll generate creative suggestions that fit your\n style and message perfectly.\n
\n\n Set up triggers, actions, and rules to automate your campaigns\n with our no-code visual automations builder.\n
\n\n Automatically send order confirmations, receipts, welcome emails\n and more. Set up once and we’ll handle the rest.\n
\n\n Use our Brand Analyzer tool to quickly and easily create\n templates that match the look and feel of your brand.\n
\n\n Obtain clear insights into how your emails and campaigns are\n performing. Track opens, clicks, and more - allowing you to make\n make smarter decisions and improve results.\n
\n\n Transpond's website tracking helps you to see what recipients do\n after clicking a link in one of your communications, and then\n set up automations, alerts and follow up communications.\n
\n\n A centralized inbox for efficiently managing and triaging\n enquiries, support tickets, and customer interactions. It allows\n your team to collaborate seamlessly, prioritize tasks, and resolve\n issues faster, ensuring no message is missed.\n
\n\n Schedule and manage omni-channel marketing campaigns across\n multiple platforms. Plan, create, and automate posts for\n Facebook, Instagram, Twitter, and more - all from one place.\n
\n\n Instant, personalized support embedded directly on your website.\n Engage with customers in real time, answer their questions and\n resolve issues more efficiently.\n
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\n\n Unit 27 Old St
\n Bailie Gate Industrial Estate
\n Sturminster Marshall
\n Wimborne, Dorset, UK
\n BH21 4DB\n
\n
\n In the meantime, do take a look at our Knowledge Base where you\n can find helpful guides that cover a lot of the most commonly used\n parts of Transpond.\n
\n\n Unit 27 Old St
\n Bailie Gate Industrial Estate
\n Sturminster Marshall
\n Wimborne, Dorset, UK
\n BH21 4DB\n
How many contacts do you have?
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\n\n Create your account today and use this template in your next\n campaign.\n
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\n\n Interested in connecting your app? Get started with our API\n docs.\n
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\r\n \r\n\r\n It was founded in Bournemouth in 2009 by an experienced\r\n developer and entrepreneur to offer the same features and\r\n benefits that more expensive platforms offer, but in a\r\n simpler, more straightforward and affordable package.\r\n
\r\nWe've had over 200,000 happy customers since then!
\r\n\r\n Learn more about Transpond's core features and download useful brand\r\n assets - including our logo and product screenshots.\r\n
\r\n\r\n Our core features include: our campaign and template builder,\r\n automations, forms, website tracking, transactional email, our\r\n campaign wizard, powerful analytics and list cleaning. Transpond\r\n also integrates with range of applications including Capsule,\r\n Pipedrive, Zoho, HubSpot, Google Sheets, Stripe and Zapier.\r\n
\r\n\r\n If you have a question about the Transpond brand or would like\r\n further guidance on how to use our logo or colours, feel free to\r\n reach out.\r\n
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\nResearch by IBM indicates that 77% of businesses are actively incorporating AI into their processes or exploring how to do so. It’s predicted to grow significantly over the next decade.
\nGetting started can often be the hardest part of writing something. Where should you look for inspiration? How long should that take? The Transpond Content Assistant does all of that for you.
\nAccording to a report by Zipia, 64% of businesses that implement AI see an improvement in productivity.
\n\n Welcome to MPZMail Limited, a marketing solution designed for\n businesses, cooperates and organisations.\n
\n\n\n Please read these customer terms of use (
\n The Website is operated by MPZMail Limited, a private limited\n company registered in England with company number 11234241 whose\n registered office is Level 1, 20 Dale Street, Manchester, M1 1EZ, UK\n (\"we\" or \"us\" or\n \"our\"). Our VAT number is 325273024. These Terms\n and Conditions apply to all Customers who access or use the Service.\n
\n\n By clicking on the accept buttons relating to the\n Terms and Conditions,\n Acceptable Use Policy\n (\"AUP\"),\n Data Processing Agreement and\n Privacy Policy, you agree to be legally bound\n by these Terms and Conditions, Acceptable Use Policy, Data\n Processing Agreement and Privacy Policy as they may be modified and\n posted on our Website from time to time. In these Terms and\n Conditions, \"you\" refers to the entity you\n represent (\"Customer\").\n
\n\n\n If you do not agree with these Terms and Conditions, Acceptable Use\n Policy, Data Processing Agreement and Privacy Policy, you may not\n use the Service.\n
\n\n\n You may connect to the Service using an Internet browser supported\n by the Service. You are responsible for obtaining access to the\n Internet and any equipment necessary to use the Service.\n
\n\n\n The person signing up for an account will be automatically assigned\n as an administrator (\"Administrator\"), the Customer\n contact who has day to day responsibility for the Customer account.\n Your account is only for use by either a single legal entity (e.g. a\n company or a partnership) or an individual user. You must provide\n the Customer legal full name, address, a valid email address, and\n any other information requested in order to complete the signup\n process. The Customer acknowledges that, if the Customer allows a\n third party to open an account on their behalf or designates any of\n the third party's personnel as Administrators of the Customer's\n account, the third party will be able to control account\n information, including Customer Data, and access to the Customer's\n account.\n
\n\n\n You may invite users to access your account\n (\"Users\") by inviting them to register as a User.\n You confirm that all Users are 16 years old or older.\n
\n\n\n You must not use this service if you are based in the following sanctioned jurisdictions; \n Cuba, Iran, North Korea, Syria, Russia and the regions of Crimea, Zaporizhzhia, Kherson,\n Donetsk and Luhansk, or are not otherwise prohibited from using the Platform under the \n laws and regulations of the United States, or any other applicable jurisdiction;\n
\n\n\n You shall not upload or enter any personal data, revealing: (i)\n racial or ethnic origin, political opinions, religious or\n philosophical beliefs, trade-union membership; (ii) data concerning\n health or sex life or sexual orientation; or (iii) genetic data or\n biometric data, (\"Sensitive Personal Data\") into\n the Service.\n
\n\n\n Use of your account shall commence after signup and shall continue\n until terminated by either party in accordance with the provisions\n of these Terms and Conditions.\n
\n\n You are responsible for ensuring that all contact, email and name\n details used in connection with the Service are accurate and current\n during the term of this agreement. The Administrators control the\n day to day administration of the Customer account. The\n Administrators can cancel access to the Service, enable or disable\n third party integrations, manage permissions and export settings.\n These actions may result in changes to the access, use, disclosure,\n modification or deletion of certain or all Customer Data.\n
\n\n\n Invited Users may access the Service and submit content or\n information (\"Customer Data\") subject to the\n provisions of these Customer Terms. You shall ensure that all Users\n comply with these Customer Terms and you shall be liable for any\n breaches of the Customer Terms caused by any acts or omissions of\n Users as if the Customer had carried out such acts or omissions\n itself.\n
\n\n\n Users are not permitted to share their username and password with\n any other person nor with multiple users on a network.\n
\n\n\n You are responsible for any and all activities that occur in your\n account. You will immediately notify us if you become aware of any\n unauthorised use of your account, passwords or any breach of\n security. Where a User misuses your Account you are responsible for\n taking any remedial action to protect your account. The Customer may\n request our help in providing audit activity to help ascertain any\n breaches. We shall act with reasonable care in providing audit\n assistance but shall have no liability for any loss or damage\n arising as a result of providing such audit assistance\n
\n\n\n If a person proven to be acting on behalf of the Customer asks us to\n replace a Administrator we will only make the change i. if there is\n only one Administrator on the Account and, ii. if we are lawfully\n obliged to do so i.e. by court order, or if requested by the\n Customer in circumstances where the Administrator cannot make the\n change i.e. in the event of their death, on us being provided with\n acceptable evidence of the Administrator's inability to make the\n change.\n
\n\n\n You own all content and data you add to your account and you retain\n sole ownership of all rights, title and interest in, and to, your\n Customer Data. You have the sole responsibility for the legality,\n reliability, integrity, accuracy and quality of your Customer Data.\n
\n\n\n You grant us the perpetual right to use Customer Data in an\n anonymized format.\n
\n\n\n We have no responsibility for the way in which you choose to use\n your account to store or process your Customer Data. In particular\n we maintain a directory, (\"Transpond Integrations\"), where some non-Transpond products are available for integration\n or you may choose to create your own integration via the application\n programme interface (\"API\"). We do not warrant or\n support these products, and you decide whether or not you wish to\n enable them. If you choose to use any third party integration and we\n become aware of excessive requests to your account via the API we\n reserve the right to suspend access to the API. We shall attempt to\n email you prior to suspension.\n
\n\n\n If Customer Data is being passed from, or to, the Service through an\n API, we will not be responsible for any use, disclosure,\n modification or deletion of Customer Data that is transmitted, or\n accessed by, third party products.\n
\n\n\n For paying accounts, the Customer agrees to provide us with a valid payment \n card and authorises us to deduct payments of the recurring monthly or annual \n fees, as published on our Website. The payment card must be registered in the \n Customer’s name. Payment cards and payments are subject to validation and \n authorisation checks of the card issuer. Customers will be billed monthly in\n advance starting on the date you sign up and there will be no refund or credit\n for partial months of Service. Fees are chargeable on the same day each month\n and shall be payable until an account is terminated or cancelled, even if you\n never use the Service.\n
\n\n We reserve the right to modify the fees for any plan at any time after the \n commencement of the Agreement, by giving the Customer at least 30 days prior notice.\n Annual fees will be increased from the renewal date, monthly fees from the next payment date.\n
\n\n Where payment of any fee is not received within 14 days of the payment due date, we may, \n without liability to the Customer, disable the Customer’s password, account and access \n to all or part of the Services and we shall be under no obligation to provide any or all \n of the Services while the invoice(s) concerned remains unpaid. \n
\n\n Fees are based upon your contact count. If your number of marketing contacts exceeds your \n current contact count during the term, you will be automatically upgraded to the next relevant \n contact count limit and you will receive an immediate prorated charge for the remaining period \n of the month or year, calculated in accordance with the new contact count limit. Customers will \n receive warning emails as they get close to their contact count limit, to warn them that they \n may exceed their current contact limit with information about the charges that will then be \n applied to their plan for the excess usage. If the number of marketing contacts in an account \n goes below the current contact limit, the account will not automatically be downgraded to a lower plan. \n
\n\n All contacts, excluding “denylisted” and “hard bounced” contacts, on your Transpond account \n will be chargeable and count towards your contact count limit. \n
\n\n Free accounts are not required to provide a payment card. If you upgrade from a free account \n to a fee paying account there is no trial period. You will be charged for the first month \n in advance immediately following any such upgrade.\n
\n\n If you downgrade your account then you may lose content, features or capacity. We do not accept \n any liability whatsoever for such losses.\n
\n\n You can buy email credits to use the Service (“Pay as You Go Credits”), as explained in our app. \n If you choose to buy Pay as You Go Credits, you will have access to the features of the Service \n included in the Essentials Marketing package, as described on the pricing page. Pay as You Go \n Credits cannot be refunded and represent a limited licence to use the Service for the specified \n volume and type of service.\n
\n\n All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind \n imposed on use of the Service and such amounts shall be the responsibility of, and payable by, \n the Customer. If the Customer’s place of business is within the UK we will add UK VAT to our fees \n at the then current rate. If your place of business is in the EU (excluding the UK) and we are \n not obliged to charge you VAT (due to current applicable law), we will only exclude VAT from \n invoices if you provide us with a valid VAT registration number or other proof that you are \n using the Service for business purposes.\n
\n\n\n Only the Customer can ask us to lock all access to your account for\n any reason.\n
\n \n\n We may suspend your access to the Service at any time, with or without cause. We will not refund \n or reimburse any fees whilst your access to the Service is suspended\n
\n\n\n We reserve the right to suspend access to your account if you fail\n to provide valid credit card details that enable us to charge the\n full amount of any outstanding fees and charges due or you fail to\n pay us any sums owed for the Service for any reason. In such circumstances, we will provide\n you with prior notice by email of our intention to suspend your\n Customer account. If, within 14 days of suspending your Customer\n account, the amount of any outstanding fees and charges is not paid\n to us in full, your Customer account will be cancelled.\n
\n\n\n We may terminate these Terms and Conditions immediately by giving\n you written notice if you or a User commit any breach of theseTerms\n and Conditions. We may terminate these Terms and Conditions for any\n other reason upon giving you 30 days written notice.\n
\n\n\n Termination of these Terms and Conditions for any reason shall not\n affect the accrued rights of the parties arising under these Terms\n and Conditions and all rights which by their nature should survive\n the expiry or termination of these Terms and Conditions shall remain\n in full force and effect.\n
\n\n\n You may cancel your Customer account with immediate effect by\n clicking the ‘Cancel Account' link from within your account settings\n page. Your recurring billing schedule will be ended upon\n cancellation. If you reactivate an Account after cancellation or\n suspension, you will be billed in accordance with the original\n billing cycle.\n
\n\n\n Except for paying accounts, we reserve the right to cancel and\n delete your account if you haven't accessed the Service for more\n than 3 consecutive months. We will provide prior notice by email to\n the Administrator before we do so. Each account will be considered\n as an independent and separate account for the purpose of\n calculating the inactive period. Any one user accessing the account\n will keep the account active.\n
\n\n\n When an account is terminated or cancelled, the account and any\n content left behind in the account will be made inaccessible. For a\n period of 14 days after any account has been cancelled you may\n request that we restore your account. After this period, your\n account and all Customer Data contained within it will be\n permanently deleted and the agreement between us as set out in these\n Terms and Conditions will automatically terminate. Please be aware\n that partial data may reside in our backup and/or archive systems\n for a period of up to 120 days.\n
\n\n\n Each party undertakes to comply with its obligations under relevant\n applicable data protection laws, principles and agreements.\n
\n\n\n To the extent that personal data is processed by us on your behalf\n when you use the Service, you acknowledge that we are a data\n processor and the Customer is a data controller. The terms of the\n Data Processing Agreement shall apply to all Customer Data that we\n process on your behalf.\n
\n\n\n Any information that you provide to us during signup or information\n provided when ordering the Service (such as the Customer's email\n address) will be used by us in accordance with the terms of the\n Privacy Policy.\n
\n\n\n If a third party alleges infringement of its data protection rights,\n we shall be obliged to take measures necessary to prevent the\n infringement of a third party's rights from continuing.\n
\n\n\n We will endeavour to make the Website and Service available to the\n Customer 24 x 7, however we shall not be liable if for any reason\n the Website or Services are unavailable at any time or for any\n period.\n
\n\n\n We may suspend access to your account temporarily and without notice\n in the case of system failure, maintenance or repair or due to a\n Force Majeure Event (defined below).\n
\n\n\n We will provide technical support to you by email only. Technical\n support will only be provided for bugs or errors that are\n reproducible by us. You agree to provide us with full and accurate\n details of all bugs and errors, on request. You acknowledge that we\n provide no warranty that all or any bugs or errors will be\n corrected.\n
\n\n\n Subject to the Customer's payment of the Fees, the Customer is\n granted a non-exclusive and non-transferable licence to use the\n Services (including any associated software, Intellectual Property\n Rights and Confidential Information) during the Term. This licence\n shall permit the Customer to make cache copies of software or other\n information as are required for the Customer to receive the Services\n via the Internet. Where open source software is used as part of the\n Services, such software use by the Customer will be subject to the\n terms of the open source licences.\n
\n\n\n No right to modify, adapt, or translate the Services or create\n derivative works from the Services is granted to the Customer.\n Disassembly, decompilation or reverse engineering and other source\n code derivation of the software comprised within the Services is\n prohibited.\n
\n\n\n Unless otherwise specified in this Agreement, the Services are\n provided and may be used solely by the Customer as part of the\n Customer's website/ desktop architecture. Except as specifically\n stated in this Agreement, the Customer may not: (i) lease, loan,\n resell or otherwise distribute the Services save as permitted in\n writing by us; (ii) use the Services to provide ancillary services\n related to the Services; or (iii) permit access to or use of the\n Services by or on behalf of any third party.\n
\n\n\n The Customer warrants and represents that it shall maintain\n reasonable security measures (as may change over time) covering,\n without limitation, confidentiality, authenticity and integrity to\n ensure that the access to the Services granted under this Agreement\n is limited as set out under this Agreement.\n
\n\n\n We may suspend access to the Services, or portion thereof, at any\n time, if in our sole reasonable discretion: (i) the Customer or its\n users is in breach of the AUP; or (ii) the integrity or security of\n the Services is in danger of being compromised by acts of the\n Customer or its users. Where possible, we shall give the Customer 24\n hours written notice, before suspending access to the Services,\n giving specific details of its reasons.\n
\n\n\n All intellectual property rights and title to the Service and\n materials on the Website, including without limitation photographs\n and graphical images (save to the extent they incorporate any\n Customer Data or third party owned item) shall remain owned by us\n and our licensors and no interest or ownership in the Service or\n Website is transferred to the Customer. Nothing in these Terms and\n Conditions shall be construed to mean, by inference or otherwise,\n that the Customer has any right to obtain source code for the\n software comprised within the Service or Website.\n
\n\n\n No part of the Website or Service may be reproduced or stored in any\n other website or included in any public or private electronic\n retrieval system or service without our prior written permission.\n
\n\n\n When using the Service, Customers are encouraged to provide us with\n their feedback, suggestions or ideas for changes to the Service\n (\"Feedback\"). The Customer assigns to us all\n rights, title and interest in any Feedback. If for any reason such\n assignment is ineffective, the Customer shall grant us a\n non-exclusive, perpetual, irrevocable, royalty free, worldwide right\n and licence to use, reproduce, disclose, sub-licence, distribute,\n modify and exploit such feedback without restriction.\n
\n\n\n We may take and maintain technical precautions to protect the\n Service and Website from improper or unauthorised use, distribution\n or copying.\n
\n\n\n The material on the Website and the Services is provided \"as is\",\n without any conditions, warranties or other terms of any kind. While\n we endeavour to ensure that the information provided on the Website\n and the information provided in connection with the Services is\n correct, we do not warrant the accuracy and completeness of such\n material. We may make changes to the material on the Website or to\n the Services, or to the products and prices described on the\n Website, at any time without notice. The material on the Website may\n be out of date, and we make no commitment to update such material.\n
\n\n\n We may share information about our future product plans with you\n from time to time. Please note that any public statement about our\n product plans is an expression of intent and should not be relied\n upon when purchasing the Services. Any decision to purchase the\n Services should be based on the functionality or features we have\n made available today and not on the future delivery of any\n functionality or features.\n
\n\n\n You warrant and represent that: (i) you have authority to enter into\n this agreement and to perform your obligations under these Terms and\n Conditions; (ii) the execution and performance of your obligations\n under these Terms and Conditions does not violate or conflict with\n the terms of any other agreement to which you are a party and is in\n accordance with any applicable laws; (iii) you shall respect all\n applicable laws and regulations, governmental orders and court\n orders, which relate to use of the Services, or Website, and these\n Terms and Conditions; and (iv) you rightfully own the necessary user\n rights, copyrights and ancillary copyrights and permits required for\n you to fulfil your obligations under these Terms and Conditions.\n
\n\n\n Except as expressly stated in these Terms and Conditions, all\n warranties and conditions, whether express or implied by statute,\n common law or otherwise (including but not limited to satisfactory\n quality and fitness for purpose), are hereby excluded to the fullest\n extent permitted by law. No warranty is made regarding the results\n of usage of the Services or Website or that the functionality of the\n Services or Website will meet your requirements or that the Services\n or Website will operate uninterrupted or error free.\n
\n\n\n We do not exclude or limit our liability to you for fraud, death or\n personal injury caused by any negligent act, omission or wilful\n misconduct by us in connection with the provision of the Website or\n Services, or any liability which cannot be excluded or limited under\n applicable law.\n
\n\n\n In no event shall we be liable to you whether arising under these\n Terms and Conditions or in tort (including negligence or breach of\n statutory duty), misrepresentation or however arising, for any\n indirect or consequential loss or damage which shall include but not\n be limited to pure economic loss, losses incurred by any client of\n yours or other third party, loss of profits (whether categorised as\n direct or indirect loss), losses arising from business interruption,\n loss of business revenue, goodwill or anticipated savings, losses\n whether or not occurring in the normal course of business, wasted\n management or staff time, loss or corruption of data, or inability\n to use or the results of use of the Website or Services, any\n websites linked to the Website or the material on such websites.\n
\n\n\n You acknowledge and agree our total liability to you (whether in\n contract, tort or otherwise) under or in connection with the\n provision of the Website or Services under these Terms and\n Conditions including any claim for indemnity or contribution shall\n not exceed one hundred (100) percent of the total amount (excluding\n any VAT, duty, sales or similar taxes) paid by you to us during the\n preceding twelve (12) month period.\n
\n\n\n The Customer shall defend, indemnify and hold us and our employees,\n sub-contractors or agents harmless from and against any costs,\n losses, liabilities and expenses, including reasonable legal costs\n arising from any claim relating to or resulting directly or\n indirectly from: (i) any claimed infringement by the Customer, User\n or third party of any intellectual property rights with respect to\n use of the Website or Services outside of the scope of these Terms\n and Conditions; or (ii) use by us of any Customer Data or Customer\n or User provided item; or (iii) any access to or use of the Website\n or Services by a User, Client or a third party in breach of these\n Terms and Conditions; or (iv) breaches of data protection law or\n regulations resulting from the us processing data on behalf of and\n in accordance with the instructions of the Customer or User.\n
\n\n\n Each party may use the confidential information of the other party\n only for the purposes of these Terms and Conditions and must keep\n confidential all confidential information of the other party except\n to the extent (if any) the recipient of any confidential information\n is required by law to disclose the confidential information.\n
\n\n\n Each party may disclose the confidential information of the other\n party to those of its employees and agents who have a need to know\n the confidential information for the purposes of these Terms and\n Conditions but only if the employee or agent executes a\n confidentiality undertaking in a form approved by the other party.\n
\n\n\n The obligations of confidentiality under these Terms and Conditions\n do not extend to information that: (i) was rightfully in the\n possession of the receiving party before the commencement of these\n Terms and Conditions; (ii) is or becomes public knowledge (otherwise\n than as a result of a breach of these Terms and Conditions; or (iii)\n is required by law to be disclosed.\n
\n\n\n If you are located in the EU you can only use the service if you are\n a business, as evidenced by a registered VAT number or other form of\n proof acceptable to us.\n
\n\n\n You may not transfer, assign, charge or otherwise dispose of these\n Terms and Conditions or any of your rights or obligations arising\n hereunder, without our prior written consent.\n
\n\n\n We may transfer, assign, charge, sub-contract or otherwise dispose\n of these Terms and Conditions, or any of our rights or obligations\n arising hereunder, at any time.\n
\n\n\n The parties are independent contractors and nothing in these Terms\n and Conditions will be construed as creating an employer-employee\n relationship between us.\n
\n\n\n We will communicate with you in English only. All notices from you\n must be given to us by email at support@mpzmail.com or by recorded\n delivery to 20 Dale Street, Manchester, M1 1EZ, United Kingdom.\n Unless explicitly stated otherwise in these Terms and Conditions we\n shall give all notices to you by email to the email address of the\n Administrator. Notices shall be deemed received and properly served\n 24 hours after an email is sent, or for postal letters on receipt.\n
\n\n\n We maintain the right to change these Terms and Conditions, the\n Acceptable Use Policy, the Data Processing Agreement or Privacy\n Policy at any time, at our sole discretion upon giving you\n reasonable notice of any material change. Any changes will become\n effective on the date stated in such notice. If you or any User\n accesses or uses the Services after the date stated in any notice,\n this will constitute the Customer's acceptance of any changes. If\n you do not accept the changes you should cancel your account before\n the date stated in the notice and stop using the Service.\n
\n\n\n New features in the Services, including new tools and resources,\n will be subject to these Terms and Conditions.\n
\n\n\n We will not be liable or responsible for any failure to perform, or\n delay in performance of, any of our obligations caused by events\n outside our reasonable control (a\n \"Force Majeure Event\").\n
\n\n\n A Force Majeure Event includes any act, event, non-happening,\n omission or accident beyond our reasonable control and includes but\n is not limited to: (i) strikes, lock-outs or other industrial\n action; (ii) civil commotion, riot, invasion, terrorist attack or\n threat of terrorist attack, war (whether declared or not) or threat\n or preparation for war; (iii) fire, explosion, storm, flood,\n earthquake, subsidence, epidemic or other natural disaster; (iv)\n impossibility of the use of public or private telecommunications\n networks; (v) the acts, decrees, legislation, regulations or\n restrictions of any government.\n
\n\n\n Our performance of our obligations shall be deemed to be suspended\n for the period that the Force Majeure Event continues, and we will\n have an extension of time for performance for the duration of that\n period. We will use our reasonable endeavours to bring the Force\n Majeure Event to an end or to find a solution by which our\n obligations under these Terms and Conditions may be performed\n despite the Force Majeure Event.\n
\n\n\n Should a provision of these Terms and Conditions be invalid or\n become invalid then the legal effect of the other provisions shall\n be unaffected. A valid provision is deemed to have been agreed which\n comes closest to what the parties intended commercially and shall\n replace the invalid provision. The same shall apply to any\n omissions.\n
\n\n\n These Terms and Conditions, together with all documents referred to\n in them constitute the whole agreement and understanding between the\n parties and supersedes all prior agreements, representations,\n negotiations and discussions between the parties relating to the\n subject matter thereof.\n
\n\n\n Nothing contained in these Terms and Conditions is intended to be\n enforceable pursuant to the Contracts (Rights of Third Parties) Act\n 1999 or any other similar law in any jurisdiction.\n
\n\n\n These Terms and Conditions shall be governed by the laws of England\n and Wales. The courts of England shall have exclusive jurisdiction\n for the settlement of all disputes arising under these Terms and\n Conditions.\n
\n\n MPZMail Limited (a private limited company registered in England\n with number 11234241 whose registered office is at 20 Dale St,\n Manchester, M1 1EZ) (\"we\", \"us\",\n \"our\") are the controller of your Personal Data\n and are committed to protecting and respecting your privacy.\n
\n\n This privacy policy (\"Privacy Policy\"), together\n with our Terms and Conditions and any other\n documents referred to in this Privacy Policy, sets out the basis\n on which any personally identifiable information (
\n By using the Service, you are accepting the terms of this Privacy\n Policy. In the event of a conflict between the terms of this\n Privacy Policy and the Terms and Conditions, the Terms and\n Conditions will prevail.\n
\n\n This Privacy Policy does not apply to any data you provide to us\n when we process personal data on your behalf as your data\n processor i.e. where we process customer data within the cloud\n service we provide to you, as a Business to Business service\n provider.\n
\n\n\n We collect and use the personal data described below in order to\n provide you with access to our Service in a reliable and secure\n manner. We also collect and use personal data:\n
\n\n To the extent we process your personal data for any other\n purposes, we ask for your consent in advance or require that our\n partners obtain such consent.\n
\n\n\n We may collect, receive and process the following information\n about you.\n
\n\n Information you give us. If you decide to\n register with or use the Service you will provide your name,\n company name, email address, contact details and if applicable\n payment information.\n
\n\n Information we collect about you.\n Each time you use the Service we may automatically collect\n information about your device and your usage of our Service, which\n may qualify as Personal Data, for example:\n
\n\n Information we obtain from other sources.\n We also collect information about you if you use any of the other\n websites we operate or the services we provide or from publicly\n available sources. We may combine this information with personal\n data provided by you. This helps us update, expand, and analyse\n our records, identify new customers, and create more tailored\n advertising to provide services that may be of interest to you. We\n also use this for the purposes of targeted advertising, delivering\n relevant email content, event promotion and profiling, determining\n eligibility and verifying contact information. The Personal Data\n we collect includes:\n
\n\n Information collected by third parties. We are\n also working closely with third parties (including, for example,\n business partners, sub-contractors in technical, payment and\n delivery services, advertising networks, analytics providers,\n email notification providers, system security providers, hosting\n providers, search information providers, credit reference\n agencies) and may receive information about you from them.\n
\n\n View the third parties Transpond uses here\n
\n\n\n\n Automated Decisions model: We use our AI model to protect you and\n our services from being misused. Our AI model is designed to determine\n whether or not an entity or person attempting to register to use our services\n will misuse the service. Upon a positive result for misuse, a human will check\n the decision made by our AI model and at our sole discretion, we shall determine \n whether or not to permit the entity or person to continue to use our services. \n The data we use to help train our model is Customer and user entered data (account details, content).\n
\n\n\n Conversations AI model: We use the data you provide to help train our AI model, \n which is used to automatically reply to conversations. The data we use is Customer entered data.\n
\n\n If you do not want us to use your data to train our AI model please email us at: support@transpond.io. \n Once disabled your data will not be used to train or improve our AI model. \n Our AI model does not use your data for selling our services, advertising, or building profiles of people.\n
\n\n Data we receive from other sources: Our AI model is also trained on a broad collection \n of data that includes publicly available content, licensed content, and content generated by human reviewers. \n
\n\n\n We use cookies on our website to distinguish you from other users\n of our website and Service. This helps us to provide you with a\n good experience when you browse our website and also allows us to\n improve the website and Service. For detailed information on the\n cookies we use and the purposes for which we use them see our\n Cookie Policy.\n
\n\n\n If you're under the age of 16, you may not have an account on the\n Service. We do not knowingly collect information from or direct\n any of our content specifically to children under 16. If we learn\n or have reason to suspect that you are a user who is under the age\n of 16, we will unfortunately have to close your account. Please\n see our Terms and Conditions for information\n about account termination.\n
\n\n\n We will only use information held about you for the following\n purposes:\n
\nWe will not sell or rent your personal data to anyone.
\n\n We may process your personal data without your knowledge or\n consent, in compliance with the above rules, where this is\n required or permitted by law.\n
\n\n\n We may share your personal data with the following third parties:\n
\n\n Consent. We will only use your name and email\n address to send marketing communications to you, where you have\n \"opted in\" to receive such communications or\n where we are entitled to send you information about our similar\n goods and services under applicable law. You may elect to stop\n receiving our marketing emails at any time by following the\n unsubscribe instructions included in such emails.\n
\n\n We send push notifications from time to time in order to update\n you about any Service updates, events and promotions we may be\n running. If you no longer wish to receive these communications,\n please disable these in the settings on your device. If you change\n your mind about being contacted in the future, please click on the\n opt out options included in emails or the Service and we will\n remove you from our mailing lists.\n
\n\n\n Where we have given you (or you have chosen) a password which\n enables you to access certain parts of the Service, you are\n responsible for keeping this password confidential. We ask you not\n to share any password with anyone.\n
\n\n Unfortunately, the transmission of information via the Internet is\n not completely secure. Although we will do our best to protect\n your Personal Data, we cannot guarantee the security of your data\n transmitted to our Service; any transmission is at your own risk.\n Once we have received your information, we will use strict\n procedures and security features to try to prevent unauthorised\n access.\n
\n\n\n The Service may contain links to and from third party websites of\n our partners, networks, advertisers and affiliates. If you follow\n a link to any of these websites, please note that these websites\n have their own privacy policies and we do not accept any\n responsibility or liability for the privacy practices or content\n of these websites. You are responsible for checking the privacy\n policy of any third party websites we link to.\n
\n\n\n Our Service is global and your information including the Personal\n Data that we collect from you may be transferred to, and stored\n at, a destination outside the European Economic Area (\"EEA\"),\n Switzerland or the UK. It may also be processed by staff operating\n outside the EEA, Switzerland or the UK who work for us or for one\n of our suppliers. Such staff may be engaged in, among other\n things, the provision of support services. By submitting your\n Personal Data, you agree to this transfer, storing or processing\n outside of the EEA, Switzerland or the UK. We will take all steps\n reasonably necessary to ensure that your data is treated securely\n and in accordance with this Privacy Policy.\n
\n\n We always ensure that your information is only transferred in full\n accordance with applicable data protection law. In particular,\n this means that your information will only be transferred to a\n country that provides an adequate level of protection (for\n example, because the European Commission or the UK or Swiss data\n protection authorities have determined that a country provides an\n adequate level of protection) or the recipient is bound by\n standard contractual clause according to conditions provided by\n the European Commission or applicable laws in Switzerland or the\n UK.\n
\n\n Our Service is accessible via the Internet and may potentially be\n accessed by any user around the world. Other users may access the\n Service from outside the EEA, Switzerland or the UK. This means\n that where you chose to upload your data to the Service, it could\n be accessed from anywhere around the world and therefore a\n transfer of your data outside of the EEA, Switzerland or the UK\n may be deemed to have occurred. You consent to such transfer of\n your data for and by way of this purpose.\n
\n\n\n You have the following rights in relation to your Personal Data:\n
\n\n Access to information. You have the right to\n access information held about you.\n
\n\n Right to deletion, rectification and data export.\n We permit you to delete, rectify and export information you have\n provided to us in a structured, machine readable and commonly used\n format, subject to the conditions of our Terms and Conditions and\n our legal obligations set out below.\n
\n\n Restriction or Objection to processing. You have\n the right to request a restriction on or object to our processing\n of your Personal Data.\n
\n\n Withdraw Consent. You have the right to withdraw\n your consent to the processing of your Personal Data at any time.\n
\n\n You can make a request in relation to any of the above rights by\n contacting us as set out at the end of this Privacy Policy. We\n will respond to such queries in accordance with the provisions of\n applicable data protection law.\n
\n\n\n We retain Personal Data for as long as we provide the Services to\n you or your account remains open. However, we may keep some data\n after your account is closed or you cease using the Service, for\n the purposes set out below.\n
\n\n After you have closed your account we may retain Personal Data\n where reasonably necessary to comply with our legal obligations\n (including law enforcement requests), meet regulatory\n requirements, maintain security, prevent fraud and abuse, resolve\n disputes, enforce our Terms and Conditions, offer new features you\n may be interested in, or fulfil your request to\n \"unsubscribe\" from further messages from us. If\n none of these obligations apply we will delete Personal Data\n within 12 months of your account being closed.\n
\n\n\n If you have any complaints about our use of your information\n please contact us as set out at the end of this Privacy Policy or\n for individuals located in the EU, our EU representative is:\n
\n\n\n Email:\n mpzmail@datarep.com\n
\n\n Online webform:\n
\n Addresses:\n See GDPR Contact Locations\n
\n\n You also have the right to contact your local data protection\n supervisory authority:\n
\n\n For individuals located in the UK: The Information Commissioner's\n Office (\"ICO\" at Wycliffe House, Water Lane,\n Wilmslow, Cheshire. SK9 5AF, England.\n
\n\n For all other individuals: Your local data protection supervisory\n authority in the country in which you are located.\n
\n\n\n We reserve the right to change this Privacy Policy at any time and\n any amended Privacy Policy will be posted on our websites and\n notified to you by email, where appropriate. Please check back\n frequently to see any updates or changes to our Privacy Policy.\n This Privacy Policy was last updated on 1st October 2024 and\n replaces any other Privacy Policy previously applicable from this\n date.\n
\n\n\n Questions, comments and requests regarding this Privacy Policy are\n welcomed and should be forwarded by email to:\n support@transpond.io.\n
\n\n This DPA is entered into between the Controller and the Processor\n and is incorporated into and governed by the terms of the\n Agreement.\n
\n\n Any capitalised term not defined in this DPA shall have the\n meaning given to it in the Terms and Conditions.\n
\n| “Affiliate” | \n\n means any entity that directly or indirectly controls, is\n controlled by, or is under common control of a party.\n “Control,” for purposes of this definition, means direct\n or indirect ownership or control of more than 50% of the\n voting interests of a party;\n | \n
|---|---|
| “Agreement” | \n\n means the agreement between the Processor and the Customer\n for the provision of the Services set out in the Terms and\n Conditions;\n | \n
| “CCPA” | \n\n means the California Consumer Privacy Act of 2018, along\n with its regulations and as amended from time to time;\n | \n
| “Controller” | \nmeans the Customer; | \n
| “Data Protection Law” | \n\n means all laws and regulations, including laws and\n regulations of the European Union, the European Economic\n Area, their member states and the United Kingdom any\n amendments, replacements or renewals thereof, applicable\n to the processing of Personal Data, including where\n applicable the Data Protection, Privacy and Electronic\n Communications (Amendments etc.) (EU Exit) Regulations\n 2020, the EU GDPR, the UK GDPR, the FDPA, the UK Data\n Protection Act 2018, the CCPA and any applicable national\n implementing laws, regulations and secondary legislation\n relating to the processing of Personal Data and the\n privacy of electronic communications, as amended, replaced\n or updated from time to time, including the Privacy and\n Electronic Communications Directive (2002/58/EC) and the\n Privacy and Electronic Communications (EC Directive)\n Regulations 2003 (SI 2003/2426);\n | \n
| “Data Subject” | \n\n shall have the same meaning as in Data Protection Law, or\n means a “Consumer” as that term is defined in the CCPA;\n | \n
| “DPA” | \n\n means this data processing agreement together with its\n Schedule 1\n Schedule 2 and\n Schedule 3;\n | \n
| “EEA” | \nmeans the European Economic Area; | \n
| “EU GDPR” | \n\n means Regulation (EU) 2016/679 of the European Parliament\n and of the Council of 27 April 2016 on the protection of\n natural persons with regard to the processing of personal\n data and on the free movement of such data, (General Data\n Protection Regulation);\n | \n
| “FDPA” | \n\n\n means the new Swiss Federal Act on Data Protection of 1st of September 2023 and as amended from time to time;\n | \n
| “Personal Data” | \n\n shall have the same meaning as in Data Protection Law;\n | \n
| “Processor” | \n\n means us, including as applicable any “Service Provider”\n as that term is defined by the CCPA;\n | \n
| “Restricted Transfer” | \n\n means: \n\n (i) where the EU GDPR applies, a transfer of Personal\n Data via the Services from the EEA either directly or\n via onward transfer, to any country or recipient outside\n of the EEA not subject to an adequacy determination by\n the European Commission; and\n \n\n (ii) where the UK GDPR applies, a transfer of Personal\n Data via the Services from the United Kingdom either\n directly or via onward transfer, to any country or\n recipient outside of the UK not based on adequacy\n regulations pursuant to Section 17A of the United\n Kingdom Data Protection Act 2018; and\n \n\n (iii) a transfer of Personal Data via the Services from\n Switzerland either directly or via onward transfer, to\n any country or recipient outside of the EEA and/or\n Switzerland not subject to an adequacy determination by\n the European Commission;\n \n | \n
| “Services” | \n\n means all services and software applications and solutions\n provided to the Controller by the Processor under and as\n described in the\n Terms and Conditions;\n | \n
| “SCCs” | \n\n means: \n\n (i) where the EU GDPR applies, the contractual clauses\n annexed to the European Commission's Implementing\n Decision 2021/914 of 4 June 2021 on standard contractual\n clauses for the transfer of personal data to third\n countries, (“ \n (ii) where the UK GDPR applies standard data protection\n clauses adopted pursuant to Article 46(2)(c) as set out\n in Schedule 3 of this DPA, (“ \n (iii) where Personal Data is transferred from\n Switzerland to outside of Switzerland or the EEA, the EU\n SCCs as amended in accordance with guidance from the\n Swiss Data Protection Authority; (“Swiss SCCs”);\n \n | \n
| “Sub-processor” | \n\n means any third party (including Processor Affiliates)\n engaged directly or indirectly by the Processor (to\n process Personal Data under this DPA in the provision of\n the Services to the Controller.\n | \n
| “Supervisory Authority” | \n\n means a governmental or government chartered regulatory\n body having binding legal authority over a party;\n | \n
| “Terms and Conditions” | \n\n means the customer terms published at\n https://transpond.io/Terms as amended\n from time to time;\n | \n
| “UK GDPR” | \n\n means the EU GDPR as it forms part of the law of England\n and Wales, Scotland and Northern Ireland by virtue of\n section 3 of the European Union (Withdrawal) Act 2018.\n | \n
\n The Processor has agreed to provide the Services to the Controller\n in accordance with the terms of the Agreement. In providing the\n Services, the Processor shall process Customer Data on behalf of\n the Controller. Customer Data may include Personal Data. The\n Processor will process and protect such Personal Data in\n accordance with the terms of this DPA.\n
\n\n\n In providing the Services to the Controller pursuant to the terms\n of the Agreement, the Processor shall process Personal Data only\n to the extent necessary to provide the Services in accordance with\n the terms of the Agreement, this DPA and the Controller's\n instructions documented in the Agreement, as updated from time to\n time.\n
\n\n The Controller and Processor shall take steps to ensure that any\n natural person acting under the authority of the Controller or the\n Processor who has access to Personal Data does not process them\n except on the instructions from the Controller unless he or she is\n required to do so by any Data Protection Law.\n
\n\n\n The Processor may collect, process or use Personal Data only\n within the scope of this DPA.\n
\n\n The Processor confirms that it shall process Personal Data on\n behalf of the Controller in accordance with the documented\n instructions of the Controller.\n
\n\n The Processor shall promptly inform the Controller, if in the\n Processor's opinion, any of the instructions regarding the\n processing of Personal Data provided by the Controller, breach any\n Data Protection Law.\n
\n\n The Processor shall ensure that all employees, agents, officers\n and contractors involved in the handling of Personal Data: (i) are\n aware of the confidential nature of the Personal Data and are\n contractually bound to keep the Personal Data confidential; (ii)\n have received appropriate training on their responsibilities as a\n data processor; and (iii) are bound by the terms of this DPA.\n
\n\n The Processor shall implement appropriate technical and\n organisational procedures to protect Personal Data, taking into\n account the state of the art, the costs of implementation and the\n nature, scope, context and purposes of processing as well as the\n risk of varying likelihood and severity for the rights and\n freedoms of natural persons.\n
\n\n The Processor shall implement appropriate technical and\n organisational measures to ensure a level of security appropriate\n to the risk, including inter alia as appropriate: (i) the\n pseudonymisation and encryption of Personal Data; (ii) the ability\n to ensure the on-going confidentiality, integrity, availability\n and resilience of processing systems and services; (iii) the\n ability to restore the availability and access to Personal Data in\n a timely manner in the event of a physical or technical incident;\n (iv) a process for regularly testing, assessing and evaluating the\n effectiveness of technical and organisational measures for\n ensuring the security of the processing. In accessing the\n appropriate level of security, account shall be taken in\n particular of the risks that are presented by processing, in\n particular from accidental or unlawful destruction, loss,\n alteration, unauthorised disclosure of, or access to Personal Data\n transmitted, stored or otherwise processed.\n
\n\n The technical and organisational measures detailed in\n Schedule 1\n shall be at all times adhered to as a minimum security standard.\n The Controller accepts and agrees that the technical and\n organisational measures are subject to development and review and\n that the Processor may use alternative suitable measures to those\n detailed in the attachments to this DPA provided that such updates\n and modifications do not result in the degradation of the overall\n security of the Services.\n
\n\n The Controller acknowledges and agrees that, in the course of\n providing the Services to the Controller, it may be necessary for\n the Processor to access the Personal Data to respond to any\n technical problems or Controller queries and to ensure the proper\n working of the Services. All such access by the Processor will be\n limited to those purposes.\n
\n\n Taking into account the nature of the processing and the\n information available to the Processor, the Processor shall assist\n the Controller by having in place appropriate technical and\n organisational measures, insofar as this is possible, for the\n fulfilment of the Controller's obligation to respond to requests\n for exercising the Data Subject's rights and the Controller's\n compliance with the Controller's data protection obligations in\n respect of the processing of Personal Data.\n
\n\n The Processor may not: (i) sell Personal Data; (ii) retain, use,\n or disclose Personal Data for commercial purposes other than\n providing the Services under the terms of the Agreement; or (iii)\n retain, use, or disclose Personal Data outside of the Agreement.\n
\n\n\n The Controller represents and warrants that: (i) it shall comply\n with the terms of the Terms and Conditions,\n this DPA and its obligations under Data Protection Law; (ii) it\n has obtained any and all necessary permissions and authorisations\n necessary to permit the Processor, its Affiliates and\n Sub-processors, to execute their rights or perform their\n obligations under this DPA; (iii) all Affiliates of the Controller\n who use the Services shall comply with the obligations of the\n Controller set out in this DPA.\n
\n\n The Controller has their own obligations to implement their own\n appropriate technical and organisational measures to protect\n Personal Data, taking into account the state of the art, the costs\n of implementation and the nature, scope, context and purposes of\n processing as well as the risk of varying likelihood and severity\n for the rights and freedoms of natural persons. The Controller\n shall implement appropriate technical and organisational measures\n to ensure a level of security appropriate to the risk, including\n inter alia as appropriate: (i) the pseudonymisation and encryption\n of Personal Data; (ii) the ability to ensure the on-going\n confidentiality, integrity, availability and resilience of\n processing systems and services; (iii) the ability to restore the\n availability and access to Personal Data in a timely manner in the\n event of a physical or technical incident; (iv) a process for\n regularly testing, assessing and evaluating the effectiveness of\n technical and organisational measures for ensuring the security of\n the processing. In accessing the appropriate level of security\n account shall be taken in particular of the risks that are\n presented by processing, in particular from accidental or unlawful\n destruction, loss, alteration, unauthorised disclosure of, or\n access to Personal Data transmitted, stored or otherwise\n processed.\n
\n\n The Controller acknowledges and agrees that some instructions from\n the Controller, including the Processor assisting with audits,\n inspections, DPIAs or providing other assistance under this DPA,\n may result in additional fees. In such case the Processor shall\n notify the Controller of its fees for providing such assistance in\n advance and shall be entitled to charge the Controller for its\n reasonable costs and expenses in providing such assistance, unless\n agreed otherwise.\n
\n\n\n The Controller acknowledges and agrees that: (i) Affiliates of the\n Processor may be used as Sub-processors; and (ii) the Processor\n and its Affiliates respectively may engage Sub-processors in\n connection with the provision of the Services.\n
\n\n All Sub-processors who process Personal Data in the provision of\n the Services to the Controller shall comply with the obligations\n of the Processor similar to those set out in this DPA.\n
\n\n The Controller authorises the Processor to use the Sub-processors\n included in the\n list of Sub-Processors to process the\n Personal Data. During the term of this DPA, the Processor shall\n provide the Controller with 30 days prior notification, via email\n (or in-application notice), of any changes to the list of\n Sub-processors before authorising any new or replacement\n Sub-processor to process Personal Data in connection with the\n provision of the Services.\n
\n\n The Controller may object to the use of a new or replacement\n Sub-processor, by notifying the Processor promptly in writing\n within ten (10) Business Days after receipt of the Processor's\n notice. If the Controller objects to a new or replacement\n Sub-processor, the Controller may terminate the Agreement with\n respect to those Services which cannot be provided by the\n Processor without the use of the new or replacement Sub-processor.\n The Processor will refund the Controller any prepaid fees covering\n the remainder of the term of the Agreement following the effective\n date of termination with respect to such terminated Services.\n
\n\n All Sub-processors who process Personal Data shall comply with the\n obligations of the Processor set out in this DPA. The Processor\n shall prior to the relevant Sub-processor carrying out any\n processing activities in respect of the Personal Data: (i) appoint\n each Sub-processor under a written contract containing materially\n the same obligations to those of the Processor in this DPA\n enforceable by the Processor; and (ii) ensure each such\n Sub-processor complies with all such obligations.\n
\n\n The Controller agrees that the Processor and its Sub-processors\n may make Restricted Transfers of Personal Data for the purpose of\n providing the Services to the Controller in accordance with the\n Agreement. The Processor confirms that such Sub-processors: (i)\n are located in a third country or territory recognised by the EU\n Commission or a Supervisory Authority, as applicable, to have an\n adequate level of protection; or (ii) have entered into the\n applicable SCCs with the Processor; or (iii) have other legally\n recognised appropriate safeguards in place.\n
\n\n\n The parties agree that, when the transfer of Personal Data from\n the Controller to the Processor or from the Processor to a\n Sub-processor is a Restricted Transfer, it shall be subject to the\n applicable SCCs as outlined\n here.\n
\n\n In the event that any provision of this DPA contradicts directly\n or indirectly any SCCs, the provisions of the applicable SCCs\n shall prevail over the terms of the DPA.\n
\n\n\n The Controller may require correction, deletion, blocking and/or\n making available the Personal Data during or after termination of\n the Agreement. The Controller acknowledges and agrees that the\n Processor will process the request to the extent it is lawful and\n will reasonably fulfil such request in accordance with its\n standard operational procedures to the extent possible.\n
\n\n In the event that the Processor receives a request from a Data\n Subject in relation to Personal Data, the Processor will refer the\n Data Subject to the Controller unless otherwise prohibited by law.\n The Controller shall reimburse the Processor for all costs\n incurred resulting from providing reasonable assistance in dealing\n with a Data Subject request. In the event that the Processor is\n legally required to respond to the Data Subject, the Controller\n will fully cooperate with the Processor as applicable.\n
\n\n\n The Processor shall make available to the Controller all\n information reasonably necessary to demonstrate compliance with\n its processing obligations and allow for and contribute to audits\n and inspections.\n
\n\n Any audit conducted under this DPA shall consist of examination of\n the most recent reports, certificates and/or extracts prepared by\n an independent auditor bound by confidentiality provisions similar\n to those set out in the Agreement. In the event that provision of\n the same is not deemed sufficient in the reasonable opinion of the\n Controller, the Controller may at its own expense conduct a more\n extensive audit which will be: (i) limited in scope to matters\n specific to the Controller and agreed in advance with the\n Processor; (ii) carried out during the Processor's usual business\n hours and upon reasonable notice which shall be not less than 4\n weeks unless an identifiable material issue has arisen; and (iii)\n conducted in a way which does not interfere with the Processor's\n day-to-day business. The Processor may charge a fee (based on its\n reasonable time and costs) for assisting with any audit. The\n Processor will provide the Controller with further details of any\n applicable fee, and the basis of its calculation, in advance of\n any such audit.\n
\n\n This clause shall not modify or limit the rights of audit of the\n Controller, instead it is intended to clarify the procedures in\n respect of any audit undertaken pursuant thereto.\n
\n\n\n The Processor shall notify the Controller without undue delay\n after becoming aware of (and in any event within 72 hours of\n discovering) any accidental or unlawful destruction, loss,\n alteration or unauthorised disclosure or access to any Personal\n Data (“Personal Data Breach”).\n
\n\n The Processor will take all commercially reasonable measures to\n secure the Personal Data, to limit the effects of any Personal\n Data Breach and to assist the Controller in meeting the\n Controller's obligations under applicable law.\n
\n\n The Processor's notification of, or response to, a Personal Data\n Breach under this Section 10 will not be construed as an\n acknowledgement by the Processor of any fault or liability with\n respect to the Personal Data Breach.\n
\n\n\n The Processor will notify the Controller promptly of any request\n or complaint regarding the processing of Personal Data, which\n adversely impacts the Controller, unless such notification is not\n permitted under applicable law or a relevant court order.\n
\n\n The Processor may make copies of and/or retain Personal Data in\n order to comply with any legal or regulatory requirement\n including, but not limited to, retention requirements.\n
\n\n The Processor shall reasonably assist the Controller in meeting\n the Controller's obligation to carry out data protection impact\n assessments (DPIAs), taking into account the nature of the\n processing and the information available to the Processor.\n
\n\n The Controller shall notify the Processor within a reasonable\n time, of any changes to applicable data protection laws, codes or\n regulations which may affect the contractual duties of the\n Processor. The Processor shall respond within a reasonable\n timeframe in respect of any changes that need to be made to the\n terms of this DPA or to the technical and organisational measures\n to maintain compliance. If the Processor is unable to accommodate\n necessary changes, the Controller may terminate the part or parts\n of the Services which give rise to the non-compliance. To the\n extent that other parts of the Services provided are not affected\n by such changes, the provision of those Services shall remain\n unaffected.\n
\n\n The Controller and the Processor and, where applicable, their\n representatives, shall cooperate, on request, with a Supervisory\n Authority in the performance of their respective obligations under\n this DPA and Data Protection Law.\n
\n\n The parties agree that the Processor will be entitled to charge\n the Controller additional fees to reimburse the Processor for its\n staff time, costs and expenses in assisting the Controller, when\n the Controller requests the Processor to provide assistance\n pursuant to this DPA. In such cases, the Processor will notify the\n Controller of its fees for providing assistance, in advance.\n
\n\n\n The limitations on liability set out in the Agreement apply to all\n claims made pursuant to any breach of the terms of this DPA.\n
\n\n The parties agree that the Processor shall be liable for any\n breaches of this DPA caused by the acts and omissions or\n negligence of its Sub-processors to the same extent the Processor\n would be liable if performing the services of each Sub-processor\n directly under the terms of the DPA, subject to any limitations on\n liability set out in the terms of the Agreement.\n
\n\n The parties agree that the Controller shall be liable for any\n breaches of this DPA caused by the acts and omissions or\n negligence of its Affiliates as if such acts, omissions or\n negligence had been committed by the Controller itself.\n
\n\n The Controller shall not be entitled to recover more than once in\n respect of the same loss.\n
\n\n\n The Processor will only process Personal Data for the term of the\n DPA. The term of this DPA shall coincide with the commencement of\n the Agreement and this DPA shall terminate automatically together\n with termination or expiry of the Agreement.\n
\n\n\n The Processor will enable the Controller to delete Personal Data\n using the functionality provided by the Service at any time. For\n certain deletions, a recovery feature is offered by the Processor\n to enable recovery from accidental deletions for up to 30 days.\n This may be overridden by the Controller. After any recovery\n period, the Processor will permanently delete the Personal Data\n from the live systems.\n
\n\n On termination, the Controller has the option to request the\n return or deletion of Personal Data. This request must be made\n within 14 days of termination. The Processor will make the data\n available for download by the Controller in a machine readable\n format. The Processor will permanently delete the Personal Data\n from the live systems in any event within 14 days of termination\n of the Agreement.\n
\n\n Following permanent deletion from the live systems, partial data\n resides on the Processor's backup systems in accordance with its\n then current data back-up policy. If requested by the Controller,\n the Processor may be able to assist with recovery of partial data\n from these backups during this period. A fee will be charged for\n this service.\n
\n\n In addition, where any law, regulation, or government or\n regulatory body requires the Processor to retain any documents or\n materials containing any part or all of the Personal Data, the\n Processor shall be entitled to retain such documents or materials\n for the duration of such retention requirement.\n
\n\n\n Should a provision of this DPA be invalid or become invalid then\n the legal effect of the other provisions shall be unaffected. A\n valid provision is deemed to have been agreed which comes closest\n to what the parties intended commercially and shall replace the\n invalid provision. The same shall apply to any omissions.\n
\n\n Subject to any provisions of the SCCs to the contrary, this DPA\n shall be governed by the laws of England and Wales. The courts of\n England shall have exclusive jurisdiction for the settlement of\n all disputes arising under this DPA.\n
\n\n The parties agree that this DPA is incorporated into and governed\n by the terms of the Agreement.\n
\n\n The parties agree that the EU SCCs shall apply to Restricted\n Transfers from the EEA. The EU SCCs shall be deemed entered into\n (and incorporated into this DPA by reference) and completed as\n follows:\n
\n\n The Parties agree that the EU SCCs as amended above in clauses (i)\n to (x), shall be adjusted as set out below where the FDPA applies\n to any Restricted Transfer:\n
\n\n The parties agree that the UK SCCs shall apply to Restricted\n Transfers from the UK and the UK SCCs shall be deemed entered into\n (and incorporated into this DPA by reference), completed as\n follows:\n
\nThe Controller means the Customer.
\n\n| Address: | \nAs set out for the Customer in the Agreement. | \n
|---|---|
| \n Contact person's name, position and contact details:\n | \n\n As provided by the Customer in its account and used for\n notification and invoicing purposes.\n | \n
| \n Activities relevant to the data transferred under the\n SCCs:\n | \nUse of the Services. | \n
| Signature and date: | \n\n By entering into the Agreement, the Controller is deemed\n to have signed the SCCs incorporated into this DPA and\n including their Annexes, as of the Effective Date of the\n Agreement.\n | \n
| Role: | \nData Exporter. | \n
| Name of Representative (if applicable): | \n\n Any UK or EU representative named in the Controller's\n privacy policy.\n | \n
\n The Processor means the Company: Transpond\n Limited\n
\n\n| Address: | \n\n Level 1, 20 Dale Street, Manchester, M1 1EZ, England.\n | \n
|---|---|
| \n Contact person's name, position and contact details:\n | \nsupport@mpzmail.com | \n
| \n Activities relevant to the data transferred under the\n SCCs:\n | \n\n The provision of online marketing solutions to the\n Controller under which the Processor processes Personal\n Data upon the instructions of the Controller in accordance\n with the terms of the Agreement.\n | \n
| Signature and date: | \n\n By entering into the Agreement, the Processor is deemed to\n have signed the SCCs, incorporated into this DPA,\n including their Annexes, as of the Effective Date of the\n Agreement.\n | \n
| Role: | \nData Importer | \n
| Name of Representative (if applicable): | \nData Protection Representative Limited | \n
| Categories of data subjects: | \n\n Individuals about whom data is uploaded to the Services by\n (or at the direction of) the Controller or by Users,\n Affiliates and other participants whom the Controller has\n granted the right to access the Services in accordance\n with the provisions of the Agreement including but not\n limited to:\n
| \n
|---|---|
| Categories of Personal Data: | \n\n Data relating to individuals uploaded to the Service by\n (or at the direction of) the Controller or by Users,\n Affiliates and other participants whom the Controller has\n granted the right to access the Services in accordance\n with the provisions of the Agreement. The Personal Data\n includes but is not limited to:\n
| \n
| Sensitive Data: | \n\n No sensitive data (special category data) will be\n processed or transferred and shall not be contained in the\n content of, or attachments to, emails.\n | \n
| \n The frequency of the processing and transfer (e.g. whether\n the data is transferred on a one-off or continuous basis):\n | \nContinuous basis for the duration of the Agreement. | \n
| Nature of the processing: | \n\n Processing operations include but are not limited to:\n providing email campaign & marketing automation\n services to users of the Services.\n | \n
| \n Purpose(s) of the data transfer and further processing:\n | \n\n Personal Data is transferred to sub-contractors who need\n to process some of the Personal Data in order to provide\n their services to the Processor as part of the Services\n provided by the Processor to the Controller.\n | \n
| \n The period for which the Personal Data will be retained,\n or, if that is not possible, the criteria used to\n determine that period:\n | \n\n Unless agreed otherwise in writing, for the duration of\n the Agreement, subject to clause 14 of the DPA.\n | \n
| \n For transfers to (Sub-) processors, also specify subject\n matter, nature and duration of the processing:\n | \n\n The\n Sub-processor list\n sets out the Personal Data processed by each Sub-processor\n and the services provided by each Sub-processor.\n | \n
| \n Identify the competent supervisory authority/ies (e.g. in\n accordance with Clause 13 of the SCCs)\n | \n\n Where the EU GDPR applies, the Irish Data Protection\n Authority - the Data Protection Commission (DPC).\n | \n
|---|---|
| \n Where the UK GDPR applies, the UK Information\n Commissioner's Office, (ICO).\n | \n\n Where the FDPA applies, the Swiss Federal Data Protection\n and Information Commissioner, (FDPIC).\n | \n
The Data Exporter: is the Company.
\n\n The Data Importers: are the Sub-processors named\n in the Sub-processor list which\n contains the name, address, contact details and activities\n relevant to the data transferred to each Data Importer.\n
\n\n\n The Sub-processor list includes the information about the\n processing and transfers of the Personal Data, for each Data\n Importer:\n
\nPersonal Data is processed by each Sub-processor:
\n\n\n The competent Supervisory Authority of the Data Exporter shall be:\n
\n\n\n Below is a description of the technical and organisational\n measures implemented by the Processor(s) / Data Importer(s)\n (including any relevant certifications) to ensure an appropriate\n level of security, taking into account the nature, scope, context\n and purpose of the processing, and the risks for the rights and\n freedoms of natural persons.\n
\n\n Full details of the Processor's/Data Importer's technical and\n organisational security measures used to protect Personal Data can\n be requested.\n
\n\n Where applicable this Schedule 2 will serve as Annex II to the\n SCCs.\n
\n\n| \n Measure\n | \n\n Description\n | \n \n \n
|---|---|
| Measures for encryption of Personal Data | \n\n Data transmitted between customers and our application is\n encrypted over public networks using Transport Layer\n Security (“TLS”).\n | \n
| \n Measures for ensuring ongoing confidentiality, integrity,\n availability and resilience of processing systems and\n services\n | \n\n \n The Processor utilises Digital Ocean with extensive\n application and infrastructure monitoring with 24x7\n application support rosters.\n \n\n We maintain redundancy throughout our IT infrastructure\n in order to minimize the lack of availability to or loss\n of data.\n \n\n We maintain redundancy throughout our IT infrastructure\n in order to minimize the lack of availability to or loss\n of data.\n \n\n The operation of Processor's service requires that some\n employees have access to the systems which store and\n process Personal Data. These employees are prohibited\n from using these permissions to view Personal Data\n unless it is necessary to do so. All of the Processor's\n employees and contract personnel are bound to our\n policies regarding Personal Data and we treat these\n issues as matters of the highest importance within our\n company. All staff employment contracts have full\n confidentiality clauses and all employees are required\n to read and sign our comprehensive information security\n policy covering the security, availability, and\n confidentiality of Processor's service.\n \n | \n
| \n Measures for ensuring the ability to restore the\n availability and access to Personal Data in a timely\n manner in the event of a physical or technical incident\n | \n\n Data is stored in duplicate. Should a single duplicate\n fail the service can be restored without data loss. In\n addition frequent backups are taken so in the unlikely\n event of both original copies of the data being lost the\n backups can be used to restore the service with minimal\n loss of data.\n | \n
| \n Processes for regularly testing, assessing and evaluating\n the effectiveness of technical and organisational measures\n in order to ensure the security of the processing\n | \n\n We strive to automate audits hence the majority of our\n monitoring of our infrastructure is automated and running\n 24/7. We obtain an external security and compliance audit\n once per calendar year.\n | \n
| Measures for user identification and authorisation | \n\n \n Passwords for authentication are salted and hashed using\n industry standard hashing functions.\n \n\n The Controller invites and removes users and applies\n permission levels in the account. Users can enable Two\n Factor Authentication to provide additional protection.\n \n | \n
| \n Measures for ensuring physical security of locations at\n which Personal Data are processed\n | \n\n The Service is hosted and Personal Data is stored within\n data centres provided by Digital Ocean (DO). As such, the\n Processor relies on the physical, environmental and\n infrastructure controls of DO. The Processor periodically\n reviews certifications and third-party attestations\n provided by DO relating to the effectiveness of its data\n centre controls.\n | \n
| Measures for ensuring events logging | \n\n System events are recorded in the form of log files\n therefore it is possible to review retroactively whether\n and by who Personal Data was entered, altered or deleted.\n | \n
| \n Measures for ensuring system configuration, including\n default configuration\n | \n\n \n Security patches are applied to the application\n dependencies as issues are identified via 3rd party\n monitoring platform(s).\n \n\n Server operating systems and third party tools are\n updated automatically when new updates are available.\n \n | \n
| \n Measures for internal IT and IT security governance and\n management\n | \n\n Access to systems which store and process Personal Data is\n subject to role based need. Employees have individual\n logins for such systems. Two factor authentication must be\n enabled where available.\n | \n
| \n Measures for certification/assurance of processes and\n products\n | \n\n The Processor utilises third party data centres that\n maintain current ISO 27001 certifications and SOC 2\n Attestation Reports. The Processor will not utilise third\n party data centres used for primary storage that do not\n maintain the aforementioned certifications and/or\n attestations, or other substantially similar or equivalent\n certifications and/or attestations.\n | \n
| Measures for ensuring data minimisation | \n\n \n The Controller decides the Personal Data to be stored on\n the Service and is responsible for defining its own\n policies for minimising data collection and storage.\n \n\n If Personal Data is no longer required the Controller\n can delete it from the service. See “Measures for\n ensuring limited data retention”.\n \n | \n
| Measures for ensuring data quality | \n\n We do not assess the quality of the data provided by the\n Controller. We provide reporting tools within our product\n to help the Controller understand and validate the data\n that is stored.\n | \n
| Measures for ensuring limited data retention | \n\n \n The Controller is responsible for defining its own\n retention policies and using the tools provided by the\n Service to delete Personal Data.\n \n\n If Personal Data is no longer required the Controller\n can delete it from the service. It should be noted that\n with each deletion the data is in the first instance\n locked and then permanently deleted from the production\n system after a certain delay. This is done in order to\n prevent accidental deletions.\n \n\n Cancellation or Termination of the Service will also\n automatically result in permanent deletion of Personal\n Data after a certain recovery period.\n \n\n Following permanent deletion from the live systems,\n partial data resides on the Processor's backup archives\n and is removed over time in line with our\n data retention policy.\n \n | \n
| Measures for ensuring accountability | \n\n \n The Processor has designated local representation in\n Europe and the United Kingdom.\n \n\n Our contact details in the United Kingdom\n support@mpzmail.com.\n \nContact details of our European representative \n
| \n
| \n Measures for allowing data portability and ensuring\n erasure\n | \n\n The Service has built-in tools that allow the Controller\n to export and permanently erase data.\n | \n
| \n Measures to be taken by the (Sub-) processor to be able to\n provide assistance to the Controller (and, for transfers\n from a Processor to a Sub-processor, to the Data\n Exporter).\n | \n\n The transfer of Personal Data to a third party (e.g.\n customers, sub-contractors, service providers) is only\n made if a corresponding contract exists, and only for the\n specific purposes. If Personal Data is transferred outside\n the EEA, the Processor provides that an adequate level of\n data protection exists at the target location or\n organisation in accordance with the European Union's data\n protection requirements, e.g. by employing contracts based\n on the EU SCCs.\n | \n
\n International Data Transfer Addendum to the EU Commission Standard\n Contractual clauses\n
\n\n VERSION B1.0, in force 21 March 2022\n
\n\n This Addendum has been issued by the Information Commissioner for\n Parties making Restricted Transfers. The Information Commissioner\n considers that it provides Appropriate Safeguards for Restricted\n Transfers when it is entered into as a legally binding contract.\n
\n\nTable 1: Parties
\n\n| \n Start Date\n | \n\n The date set out in Annex I of the Approved EU SCCs.\n | \n|
| The Parties | \n\n | \n \n | \n
| Parties details | \n\n Full legal name: the Customer named in the Agreement. Main\n address (if a company registered address): As set out in\n Annex I of the Approved EU SCCs. Official registration\n number (if any) (company number or similar identifier):\n Where set out in the Agreement.\n | \n\n Full legal name: MPZMail Limited Main address: Level 1, 20\n Dale Street, Manchester, M1 1EZ, England Official\n registration number (if any) (company number or similar\n identifier): 11234241\n | \n
| Key Contact | \n\n Full Name (optional): As set out in Annex I of the Approved\n EU SCCs. Job Title: As set out in Annex I in the Approved EU\n SCCs Contact details including email: As set out in Annex I\n the Approved EU SCCs.\n | \n\n Job Title: DPO Contact details including email:\n support@mpzmail.com\n | \n
| \n | \n no signature is required. | \nno signature is required. | \n
Table 2: Selected SCCs, Modules and Selected Clauses
\n\n| \n Addendum EU SCCs\n | \n\n the Approved EU SCCs, including the Appendix Information and\n with only the following modules, clauses or optional\n provisions of the Approved EU SCCs brought into effect for\n the purposes of this Addendum:\n | \n
| Module | \nModule in operation | \nClause 11 (Option) | \nClause 9a General Authorisation | \nClause 9a (Time period) | \n\n Is personal data received from the Importer combined with\n personal data collected by the Exporter?\n | \n
| 1 | \nno | \nnot used | \n- | \n- | \n- | \n
| 2 | \nyes | \nnot used | \nyes | \n30 days | \n- | \n
| 3 | \nyes | \nnot used | \nyes | \n30 days | \n- | \n
| 4 | \nno | \nnot used | \n- | \n- | \nno | \n
Table 3: Appendix Information
\n\n “Appendix Information” means the information which must be\n provided for the selected modules as set out in the Appendix of\n the Approved EU SCCs (other than the Parties), and which for this\n Addendum is set out in:\n
\n| Annex 1A: List of Parties: for Module 2 and Module 3 | \n\n Annex 1B: Description of Transfer: for Module 2 and Module 3\n | \n\n Annex II: Technical and organisational measures including\n technical and organisational measures to ensure the security\n of the data: for Module 2\n | \n
\n Table 4: Ending this Addendum when the Approved Addendum Changes\n
\n| Ending this Addendum | \n\n Which Parties may end this Addendum as set out in Section\n 19:\n | \n
| when the Approved Addendum changes | \n\n Importer \n Exporter\n | \n
Entering into this Addendum
\n| Addendum | \n\n This International Data Transfer Addendum which is made\n up of this Addendum incorporating the Addendum EU SCCs.\n | \n
| Addendum EU SCCs | \n\n The version(s) of the Approved EU SCCs which this\n Addendum is appended to, as set out in Table 2,\n including the Appendix Information.\n | \n
| Appendix Information | \nAs set out in Table 3. | \n
| Appropriate Safeguards | \n\n The standard of protection over the personal data and of\n data subjects’ rights, which is required by UK Data\n Protection Laws when you are making a Restricted\n Transfer relying on standard data protection clauses\n under Article 46(2)(d) UK GDPR.\n | \n
| Approved Addendum | \n\n The template Addendum issued by the ICO and laid before\n Parliament in accordance with s119A of the Data\n Protection Act 2018 on 2 February 2022, as it is revised\n under Section 18.\n | \n
| Approved EU SCCs | \n\n The Standard Contractual Clauses set out in the Annex of\n Commission Implementing Decision (EU) 2021/914 of 4 June\n 2021.\n | \n
| ICO | \nThe Information Commissioner. | \n
| Restricted Transfer | \n\n A transfer which is covered by Chapter V of the UK GDPR.\n | \n
| UK | \n\n The United Kingdom of Great Britain and Northern\n Ireland.\n | \n
| UK Data Protection Laws | \n\n All laws relating to data protection, the processing of\n personal data, privacy and/or electronic communications\n in force from time to time in the UK, including the UK\n GDPR and the Data Protection Act 2018.\n | \n
| UK GDPR | \n\n As defined in section 3 of the Data Protection Act 2018.\n | \n
\n The owner of an Transpond account can cancel at any time by\n logging into the Transpond account and following the Cancel\n Account link in the account settings area.\n
\nAfter cancellation:
\n| Sub-processor | \nPurpose | \nData | \nLocation | \nTransfer Mechanism | \nSupplemental Measures | \nContact Details | \n \n \n
|---|---|---|---|---|---|---|
| Amazon Web Services, Inc | \nHosting services | \n\n Customer entered data (contacts, cases, opportunities,\n tasks, history, configuration), application logs\n | \nUSA | \n\n | \n \n Encryption of data in transit and at rest. \n Encryption key stored in the EU. \n \n | \n \n AWS Compliance contact us\n \n 410 Terry Avenue North, Seattle, WA 98109-5210, USA\n | \n
| Digital Ocean LLC | \nHosting Services | \n\n Customer entered data (account details, contacts, send\n data)\n | \nUSA | \n\n | \n \n Digital Ocean takes the following technical and\n contractual measures to protect data:\n \n | \n \n privacy@digitalocean.com. \n 101 Avenue of the Americas 10th Floor New York, NY 10013\n USA\n | \n
| Helpscout Inc. | \nHelp desk services for customer support queries | \nCustomer emails | \nUSA | \n\n | \n \n Data is encrypted at rest, including 3rd party keys stored\n by Apps.\n \n | \n \n dpa@helpscout.com\n \n 100 City Hall Plaza, 5th Floor; Boston, MA 02108, USA\n | \n
| Akamai Technologies International AG (Linode LLC) | \nHosting services | \n\n Email files containing recipient and sender information\n e.g. email addresses, custom field data, tracking data.\n | \nUSA | \n\n DPF\n | \n\n Security measures to protect data:\n \n \n \n | \n \n privacy@linode.com\n \n 249 Arch Street 19106 Philadelphia, Pennsylvania, USA\n | \n
| WideFM t/a Juice Broadband | \nHosting services | \n\n Used for email server hosting. Emails scheduled via the Transpond platform are sent through servers hosted by WideFM.\n | \nUK | \n\n Encryption\n | \n\n Security\n | \n\n WideFM t/a Juice Broadband, Unit 6 The Concept Centre, Innovation Close, Poole, Dorset, BH12 4QD\n | \n
| Google Inc. | \nEmail Services | \n\n Content of communications between a customer and Capsule support. Data subject emails.\n | \nUSA | \n\n DPF\n | \n\n Encryption of data in transit and at rest for Google Cloud Platform and Google Workspace. \n External Encryption Key storage outside of Google‘s technical infrastructure. \n DPA \n Data Processing Amendment\n Data Transfer Mechanisms\n | \n \n https://cloud.google.com/ \n Googleplex. 1600 Amphitheatre Pkwy, Mountain View, CA 9404\n | \n
| CapsuleCRM Inc. | \nCustomer support services | \n\n Customer name, Content of communications between a customer and Capsule support\n | \nUSA | \n\n DPF\n | \n\n Data is encrypted at rest and in transit \n DPA \n Security\n | \n \n support@capsulecrm.com \n 11845 W Olympic Blvd, Suite 1100, West Tower, 11th Floor, Los Angeles. CA90064\n | \n
| Zestia Limited | \nCustomer support services | \n\n Customer name, Content of communications between a customer and Capsule support.\n | \nUK | \n\n SCCs\n | \n\n Data is encrypted at rest and in transit \n DPA \n Security\n | \n \n support@capsulecrm.com \n 20 Dale Street, Manchester, M1 1EZ\n | \n
| OpenAI LLC | \nChat GPT messaging services. | \n\n Customer entered data (account details, content), Content of communications between a customer and user\n | \nUSA | \n\n SCCs\n | \n\n Data is encrypted at rest and in transit \n DPA\n | \n \n legalprivacy@openai.com \n 3180 18th St., San Francisco, CA 94110, USA\n | \n
\n Please ensure requests are addressed to 'DataRep' and refer to\n MPZMail Limited in the correspondence.\n
\n\n| Country | \nAddress | \n \n \n
|---|---|
| Austria | \n\n DataRep, City Tower, Brückenkopfgasse 1/6. Stock, Graz,\n 8020, Austria\n | \n
| Belgium | \n\n DataRep, Rue des Colonies 11, Brussels, 1000\n | \n
| Bulgaria | \n\n DataRep, 132 Mimi Balkanska Str., Sofia, 1540, Bulgaria\n | \n
| Croatia | \n\n DataRep, Ground & 9th Floor, Hoto Tower, Savska cesta\n 32, Zagreb, 10000, Croatia\n | \n
| Cyprus | \n\n DataRep, Victory House, 205 Archbishop Makarios Avenue,\n Limassol, 3030, Cyprus\n | \n
| Czech Republic | \n\n DataRep, Platan Office, 28. Října 205/45, Floor 3&4, Ostrava, 70200, Czech Republic\n | \n
| Denmark | \nDataRep, Lautruphøj 1-3, Ballerup, 2750, Denmark | \n
| Estonia | \n\n DataRep, 2nd Floor, Tornimae 5, Tallinn, 10145, Estonia\n | \n
| Finland | \n\n DataRep, Luna House, 5.krs, Mannerheimintie 12 B,\n Helsinki, 00100, Finland\n | \n
| France | \nDataRep, 72 rue de Lessard, Rouen, 76100, France | \n
| Germany | \n\n DataRep, 3rd and 4th floor, Altmarkt 10 B/D, Dresden,\n 01067, Germany\n | \n
| Greece | \n\n DataRep, Ippodamias Sq. 8, 4th floor, Piraeus, Attica, Greece | \n
| Hungary | \n\n DataRep, President Centre, Kálmán Imre utca 1, Budapest,\n 1054, Hungary\n | \n
| Iceland | \nDataRep, Kalkofnsvegur 2, 101 Reykjavík, Iceland | \n
| Ireland | \n\n DataRep, The Cube, Monahan Road, Cork, T12 H1XY, Republic\n of Ireland\n | \n
| Italy | \n\n DataRep, Viale Giorgio Ribotta 11, Piano 1, Rome, Lazio,\n 00144, Italy\n | \n
| Latvia | \n\n DataRep, 4th & 5th floors, 14 Terbatas Street, Riga,\n LV-1011, Latvia\n | \n
| Liechtenstein | \n\n DataRep, City Tower, Brückenkopfgasse 1/6. Stock, Graz,\n 8020, Austria\n | \n
| Lithuania | \n\n DataRep, 44A Gedimino Avenue, 01110 Vilnius, Lithuania\n | \n
| Luxembourg | \n\n DataRep, BPM 335368, Banzelt 4 A, 6921, Roodt-sur-Syre,\n Luxembourg\n | \n
| Malta | \n\n DataRep, Tower Business Centre, 2nd floor, Tower Street,\n Swatar, BKR4013, Malta\n | \n
| Netherlands | \n\n DataRep, Cuserstraat 93, Floor 2 and 3, Amsterdam, 1081\n CN, Netherlands\n | \n
| Norway | \nDataRep, C.J. Hambros Plass 2c, Oslo, 0164, Norway | \n
| Poland | \n\n DataRep, Budynek Fronton ul Kamienna 21, Krakow, 31-403,\n Poland\n | \n
| Portugal | \n\n DataRep, Torre de Monsanto, Rua Afonso Praça 30, 7th\n floor, Algès, Lisbon, 1495-061, Portugal\n | \n
| Romania | \n\n DataRep, 15 Piaţa Charles de Gaulle, nr. 1-T, Bucureşti,\n Sectorul 1, 011857, Romania\n | \n
| Slovakia | \n\n DataRep, Apollo Business Centre II, Block E / 9th floor,\n 4D Prievozska, Bratislava, 821 09, Slovakia\n | \n
| Slovenia | \n\n DataRep, Trg. Republike 3, Floor 3, Ljubljana, 1000,\n Slovenia\n | \n
| Spain | \n\n DataRep, Calle de Manzanares 4, Madrid, 28005, Spain\n | \n
| Sweden | \n\n DataRep, S:t Johannesgatan 2, 4th floor, Malmo, SE - 211\n 46, Sweden\n | \n
| Switzerland | \n\n DataRep, Leutschenbachstrasse 95, ZURICH, 8050, Switzerland\n | \n
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|---|---|---|---|
| Strictly necessary Cookies | \n\n Transpond \n (mpz)\n | \n \n We use a cookie and local storage variables to store login and account data, along with your preferences and \n settings for use on the Transpond Control Panel. These cookies and session storage are essential for the usage\n of the Control Panel and you will be unable to use the platform without this cookie.\n | \n30 days | \n
| Functional Cookies | \n\n Stripe \n (__stripe_sid, __stripe_mid)\n | \n \n We use Stripe as a payment gateway to handle payments made to and from the Transpond platform. \n Stripe uses cookies to ensure that the payment system works properly, detect and prevent fraud, \n and understand how people interact with Stripe. There are some cookies that are essential for \n Stripe to function properly. These Necessary Cookies provide secure access to the site and enable\n page navigation. Other categories of cookies include Advertising Cookies, Analytics Cookies, and Preference Cookies.\n \n You can find more information in the Stripe Cookies Policy, including how to opt-out or manage your cookie preferences. \n https://stripe.com/cookies-policy/legal\n\n | \n 30 Minutes | \n
| Analytics and Tracking Cookies | \n\n Posthog \n (ph_phc_xxxx_posthog)\n | \n \n These cookies are used to collect information about how visitors use our Site. We use the information to conduct analysis,\n compile reports, to help us improve the Site and to optimize the Site experience. You can read the full Posthog privacy policy \n for more details about the cookies set and how Posthog uses this data at https://posthog.com/privacy\n\n | \n12 Months | \n
| Analytics and Tracking Cookies | \n\n Google Analytics \n (_ga, _gid, _gat, _AEC, APISID, DV, HSID,NID, SAPISID, SID, SIDCC, SSID)\n | \n \n These cookies are used to collect information about how visitors use our Site. We use the information to conduct analysis, compile reports, to help us improve the Site and to optimize the Site experience. You can read the full Google Analytics privacy policy at http://www.google.com/policies/privacy/ for more details about the cookies set and how Google uses this data. \n | \n\n _ga: 12 months \n _gid: 24 hours \n _gat: 1 minute \n _AEC: 12 months \n APISID: 12 months \n DV: 10 minutes \n HSID: 12 months \n NID: 6 months \n SAPISID: 12 months \n SID: 12 months \n SIDCC: 12 months \n SSID: 12 months\n | \n
\n You can set up your browser options, to stop your computer accepting \n cookies or to prompt you before accepting a cookie from the websites you visit. \n If you do not accept cookies, however, you may not be able to use the whole of \n the Site or all functionality of the Services.\n
\n\n Another way to control cookies in your browser is by using \"ad blocker\" software. \n These tools often give you control over specific services which you can allow or \n block. We make best efforts to ensure that Transpond works with this software however\n it is not always possible for us to test all combinations of blocking. \n If you spot an issue with an ad blocker please email us at support@transpond.io.\n\n
\n\n To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit \n\n
\n Any changes we may make to our Cookie Policy in the future will be posted on \n this page and, where appropriate, notified to you by email. Please check back\n frequently to see any updates or changes to our Cookie Policy. This Cookie Policy \n was last updated on December 12, 2024 and replaces any other Cookie Policy previously\n applicable from this date.\n
\n\n\n By Post:
\n MPZMail Limited, 20 Dale Street, Manchester, M1 1EZ, England.\n
By Email:
\n \n support@transpond.io\n
\n This acceptable use policy (\"AUP\") sets out the\n terms under which you (\"you\") may access the\n services made available at Transpond.io, (\"Services\"). This AUP\n supplements all other documents, policies and terms governing your\n use of our Services. This AUP applies to all users of the Services.\n
\n\n You are not allowed to assist or engage others in any way that would breach the terms of this AUP. \n We will enforce and ensure compliance with this AUP, including dealing with complaints and blocking and restricting access to our Services.\n
\n\n Your use of our Services means that you accept, and agree to abide\n by, the terms of this AUP.\n
\n\n The Services are operated by MPZMail Limited (\"we/us\"). We are\n registered in England and Wales under company number 11234241 and\n our registered office is at Level 1, 20 Dale Street, Manchester, M1\n 1EZ, England.\n
\n\n\n We encourage users to report suspected breaches of the terms of this AUP. \n Where you receive any content that breaches the terms of this AUP or you know or suspect that there is a breach of the terms of this AUP,\n please notify us as set out at the end of this AUP attaching a copy of the content that you believe breaches the terms of this AUP.\n We shall investigate all notifications, respond in the way we consider appropriate in the circumstances and notify you of the outcome of our investigation.\n
\n\n\n\n Your account may not generate abuse complaints that, in our sole\n discretion, exceed industry norms. If you generate an unreasonable\n amount of abuse reports your account will be paused and one of the\n Transpond team will be in contact.\n
\n\n Transpond operates a fair use policy. For free, monthly or annual\n subscriptions you may send up to 12 times the subscriber limit of\n your chosen subscription per month. If you exceed this limit\n Transpond may limit sending on your account until the next billing\n date has been reached.\n
\n\n The Transpond platform has been developed to enable you to\n communicate with email subscribers that have opted-in (i.e.\n expressly given their permission) to receive information from your\n company. You must follow any posted guidelines regarding content and\n commercial activity limitations. All email addresses that you use\n must be solely derived from permission based lists. Transpond may\n not be used to send electronic messages to individuals that have not opted-in to\n receive information via electronic messages from your company.\n
\nYou may only use the Services for lawful purposes.
\n\nYou may not use the Services:
\nYou agree not to:
\n\n You will use a \"double opt-in\" subscription method for all new list members.\n For the purpose of the Agreement, a \"double opt-in\" method shall mean that when\n you add a new member's email address or number to the list, that email address \n or number shall not be activated unless and until the new member receives a single\n confirmation message from you requesting the member's consent to be added to the list,\n and Transpond receives from the new member a confirmation action \n (such as a confirmation email from the new member's email address) approving such action. \n The confirmation message sent by the Customer to new members may not include advertising\n or calls-to-action other than an appeal to confirm the member's subscription.\n
\n\n\n You may only import members previously obtained directly by you\n using the \"double opt-in\" procedures described above. You may not\n import opt-out members directly into your list under any\n circumstances. You MAY NOT import members from co-registered or\n purchased sources, regardless of the confirmation status of said\n members.\n
\n\n\n You may not use Transpond for one-time mailings to a list of members\n after which you substantially delete the membership and create a new\n list. Your membership must be a static, permanent list to which you\n add or delete new members and/or members subscribe or unsubscribe\n themselves in the ordinary course.\n
\n\n\n The Transpond service gives its users all the tools necessary to\n build and maintain an opt-in list. Transpond also allows you\n to import existing lists of email addresses. The email addresses or numbers\n that are imported must have opted in to receive messages from your\n company. These features make it easy for users to build and use\n lists of opt-in subscribers and eliminate the need to send\n unsolicited electronic messages. Therefore, in the event that a complaint is\n received or an instance reported of an unsolicited electronic message\n sent by your company using Transpond, Transpond will investigate\n claims of unsolicited electronic messages sent using the service. If\n Transpond determines that a user is employing the service to send\n electronic messages to recipients who have not opted in or recipients that have\n unsubscribed on a prior occasion, the account will be immediately\n terminated.\n
\n\n\n Some content (both subject and body content) cannot be sent through\n Transpond under any circumstances. This includes the following but\n is not limited to:\n
\n\n If you are unsure about how this applies to your electronic message content,\n please contact us before using the service.\n
\n\nUser content must not:
\n\n When uploading any user content and when placing tags on any images,\n you will be required to provide us with information about that\n content to enable other users to access it. You therefore must:\n
\n\n Failure to comply with the above obligations could result in your\n account being suspended, disabled or otherwise terminated and the\n relevant content removed, confiscated and disclosed along with your\n account details.\n
\n\n Any user content that relates to comments must be accurate,\n genuinely held and compliant with applicable laws in the UK and in\n any country from which they are posted.\n
\n\n\n When using the Services you must ensure that the following criteria\n is met for outgoing messages:\n
\n\n By using these features you acknowledge and agree that you have read, understood and agree \n to be bound by the terms set out below when using these features. \n If you do not agree to the terms set out in this section 6, you may not use these features.\n
\n\n We will determine, in our discretion, whether there has been a\n breach of this AUP through your use of our Services. When a breach\n of this AUP has occurred, we may take such action as we deem\n appropriate. Where we remove, disable or moderate any material uploaded by you, \n we will provide you with a statement of reasons setting out why this action has \n been taken and inform you of our available redress mechanisms.\n
\n\n Failure to comply with any provision of this AUP constitutes a\n material breach of contract and may result in us:\n
\n\n We exclude all liability for our actions taken in response to\n breaches of this AUP. The responses described in this AUP are not\n limited, and we may take any other action we reasonably deem\n appropriate.\n
\n\n\n The use of any of our Services by anyone under the age of 18 is\n prohibited. Any account holder registering on behalf of a minor or\n permitting the use of their account by a minor shall be in breach of\n this AUP.\n
\n\n\n You may contact us in relation to any queries you have in relation\n to this AUP or any documents referred to in it. Please direct all\n queries to:\n support@mpzmail.com\n
\n\n The Digital Services Act 2024 (\">DSA\") is an EU Regulation that applies to all providers of digital services regardless of their location where:\n
Dated: 1st October 2024
\n| Third Party | \nPurpose | \nCategories of Personal Data | \nPrivacy Policy | \n \n \n
|---|---|---|---|
| Digital Ocean LLC | \n\n The primary infrastructure used by the Processor to host\n Service Data submitted to the Services\n | \n\n Customer Entered Data (eg Account Details, Contacts, Send\n Data)\n | \n\n | \n
| Google Analytics | \nAnalytics and advertising | \nIP Address | \n\n | \n
| Data Protection Representative Limited | \nEU representative | \nEmail Address | \n\n | \n
| Stripe | \nPayment card processing | \nIP Address, Name, Payment details | \n\n | \n
| Amazon Web Service (AWS) | \nPrimary data hosting platform | \n\n Name, Email address, Invoicing Address, Billing Address\n | \n\n | \n
| HelpScout Inc | \nSupport emails | \n\n User name, email address, IP address and support queries\n | \n\n | \n
| WideFM t/a Juice Broadband | \n\n Used for email server hosting. Emails scheduled via the\n Transpond platform are mainly sent through servers hosted\n by WideFM.\n | \nEmail files containing sender information. | \n\n | \n
| Paypal | \nAffiliate payments | \nPaypal Address | \n\n | \n
| YouTube | \nVideo playback | \nIP Address | \n\n | \n
| Google Fonts | \nFont display | \nIP Address | \n\n | \n
| Wufoo | \nForm capture | \nName, Email Address, IP Address | \n\n | \n
| img.ly GmbH (PhotoEditor SDK) | \nImage Processing | \nCustomer images | \n\n | \n
| CapsuleCRM Inc | \nCustomer support services | \nUser name, email address, IP address and support queries | \n\n | \n
| Google Inc | \nEmail Services | \nUser name, email address, IP address and support queries | \n\n | \n
| Zestia Limited | \nCustomer support services | \nUser name, email address, IP address and support queries | \n\n | \n
| OpenAI LLC | \nChat GPT messaging services. | \nCustomer entered data (account details, content), Content of communications between a customer and user | \n\n | \n
| PostHog Inc | \nEnables the Processor to better guide customers through the app as well as enhance the overall product experience for customers. | \nAccount Name, Account ID, User Id, User Email Address | \n\n | \n
\n This DPA is entered into between the Controller and the Processor\n and is incorporated into and governed by the terms of the\n Agreement.\n
\n\n Any capitalised term not defined in this DPA shall have the\n meaning given to it in the Agreement.\n
\n\n “Affiliate” means any entity that directly or indirectly controls,\n is controlled by, or is under common control of a party.\n “Control,” for purposes of this definition, means direct or\n indirect ownership or control of more than 50% of the voting\n interests of a party;\n
\n\n “Agreement” means the agreement between the Processor and the\n Controller for the provision of the Services by the Controller to\n Customers;\n
\n\n “CCPA” means the California Consumer Privacy Act of 2018, along\n with its regulations and as amended from time to time;\n
\n“Controller” means the Agency;
\n\n “Data Protection Law” means all laws and regulations, including\n laws and regulations of the European Union, the European Economic\n Area, their member states and the United Kingdom any amendments,\n replacements or renewals thereof, applicable to the processing of\n Personal Data, including where applicable the Data Protection,\n Privacy and Electronic Communications (Amendments etc.) (EU Exit)\n Regulations 2020, the EU GDPR, the UK GDPR, the FDPA, the UK Data\n Protection Act 2018, the CCPA and any applicable national\n implementing laws, regulations and secondary legislation relating\n to the processing of Personal Data and the privacy of electronic\n communications, as amended, replaced or updated from time to time,\n including the Privacy and Electronic Communications Directive\n (2002/58/EC) and the Privacy and Electronic Communications (EC\n Directive) Regulations 2003 (SI 2003/2426);\n
\n\n “Data Subject” shall have the same meaning as in Data Protection\n Law, or means a “Consumer” as that term is defined in the CCPA;\n
\n\n “DPA” means this data processing agreement together with its\n Schedule 1, Schedule 2 and Schedule 3;\n
\n“EEA” means the European Economic Area;
\n\n “EU GDPR” means Regulation (EU) 2016/679 of the European\n Parliament and of the Council of 27 April 2016 on the protection\n of natural persons with regard to the processing of personal data\n and on the free movement of such data, (General Data Protection\n Regulation);\n
\n\n “FDPA” means the new Swiss Federal Act on Data Protection of 1st of September 2023 and as amended from time to time;\n
\n\n “Personal Data” shall have the same meaning as in Data Protection\n Law;\n
\n\n “Processor” means us, including as applicable any “Service\n Provider” as that term is defined by the CCPA;\n
\n“Restricted Transfer” means:
\n\n “Services” means all services and software applications and\n solutions provided to the Controller by the Processor under and as\n described in the Agreement;\n
\n“SCCs” means:
\n\n “Sub-processor” means any third party (including Processor\n Affiliates) engaged directly or indirectly by the Processor (to\n process Personal Data under this DPA in the provision of the\n Services to the Controller.\n
\n\n “Supervisory Authority” means a governmental or government\n chartered regulatory body having binding legal authority over a\n party;\n
\n\n \"UK GDPR\" means the EU GDPR as it forms part of the law of England\n and Wales, Scotland and Northern Ireland by virtue of section 3 of\n the European Union (Withdrawal) Act 2018.\n
\n\n In providing the Services to the Controller pursuant to the terms\n of the Agreement, the Processor shall process Personal Data only\n to the extent necessary to provide the Services in accordance with\n the terms of the Agreement, this DPA and the Controller's\n instructions documented in the Agreement, as updated from time to\n time.\n
\n\n The Controller and Processor shall take steps to ensure that any\n natural person acting under the authority of the Controller or the\n Processor who has access to Personal Data does not process them\n except on the instructions from the Controller unless he or she is\n required to do so by any Data Protection Law.\n
\n\n The Processor may collect, process or use Personal Data only\n within the scope of this DPA.\n
\n\n The Processor confirms that it shall process Personal Data on\n behalf of the Controller in accordance with the documented\n instructions of the Controller.\n
\n\n The Processor shall promptly inform the Controller, if in the\n Processor's opinion, any of the instructions regarding the\n processing of Personal Data provided by the Controller, breach any\n Data Protection Law.\n
\n\n The Processor shall ensure that all employees, agents, officers\n and contractors involved in the handling of Personal Data: (i) are\n aware of the confidential nature of the Personal Data and are\n contractually bound to keep the Personal Data confidential; (ii)\n have received appropriate training on their responsibilities as a\n data processor; and (iii) are bound by the terms of this DPA.\n
\n\n The Processor shall implement appropriate technical and\n organisational measures to protect Personal Data, taking into\n account the state of the art, the costs of implementation and the\n nature, scope, context and purposes of processing as well as the\n risk of varying likelihood and severity for the rights and\n freedoms of natural persons.\n
\n\n The Processor shall implement appropriate technical and\n organisational measures to ensure a level of security appropriate\n to the risk, including inter alia as appropriate: (i) the\n pseudonymisation and encryption of Personal Data; (ii) the ability\n to ensure the on-going confidentiality, integrity, availability\n and resilience of processing systems and services; (iii) the\n ability to restore the availability and access to Personal Data in\n a timely manner in the event of a physical or technical incident;\n (iv) a process for regularly testing, assessing and evaluating the\n effectiveness of technical and organisational measures for\n ensuring the security of the processing. In accessing the\n appropriate level of security, account shall be taken in\n particular of the risks that are presented by processing, in\n particular from accidental or unlawful destruction, loss,\n alteration, unauthorised disclosure of, or access to Personal Data\n transmitted, stored or otherwise processed.\n
\n\n The technical and organisational measures detailed in Schedule 1\n shall be at all times adhered to as a minimum security standard.\n The Controller accepts and agrees that the technical and\n organisational measures are subject to development and review and\n that the Processor may use alternative suitable measures to those\n detailed in the attachments to this DPA provided that such updates\n and modifications do not result in the degradation of the overall\n security of the Services.\n
\n\n The Controller acknowledges and agrees that, in the course of\n providing the Services to the Controller, it may be necessary for\n the Processor to access the Personal Data to respond to any\n technical problems or Controller queries and to ensure the proper\n working of the Services. All such access by the Processor will be\n limited to those purposes.\n
\n\n Taking into account the nature of the processing and the\n information available to the Processor, the Processor shall assist\n the Controller by having in place appropriate technical and\n organisational measures, insofar as this is possible, for the\n fulfilment of the Controller's obligation to respond to requests\n for exercising the Data Subject's rights and the Controller's\n compliance with the Controller's data protection obligations in\n respect of the processing of Personal Data.\n
\n\n The Processor may not: (i) sell Personal Data; (ii) retain, use,\n or disclose Personal Data for commercial purposes other than\n providing the Services under the terms of the Agreement; or (iii)\n retain, use, or disclose Personal Data outside of the Agreement.\n
\n\n The Controller represents and warrants that: (i) it shall comply\n with the terms of the Agreement, this DPA and its obligations\n under Data Protection Law; (ii) it has obtained any and all\n necessary permissions and authorisations necessary to permit the\n Processor, its Affiliates and Sub-processors, to execute their\n rights or perform their obligations under this DPA; (iii) all\n Affiliates of the Controller who use the Services shall comply\n with the obligations of the Controller set out in this DPA.\n
\n\n The Controller has their own obligations to implement their own\n appropriate technical and organisational measures to protect\n Personal Data, taking into account the state of the art, the costs\n of implementation and the nature, scope, context and purposes of\n processing as well as the risk of varying likelihood and severity\n for the rights and freedoms of natural persons. The Controller\n shall implement appropriate technical and organisational measures\n to ensure a level of security appropriate to the risk, including\n inter alia as appropriate: (i) the pseudonymisation and encryption\n of Personal Data; (ii) the ability to ensure the on-going\n confidentiality, integrity, availability and resilience of\n processing systems and services; (iii) the ability to restore the\n availability and access to Personal Data in a timely manner in the\n event of a physical or technical incident; (iv) a process for\n regularly testing, assessing and evaluating the effectiveness of\n technical and organisational measures for ensuring the security of\n the processing. In accessing the appropriate level of security\n account shall be taken in particular of the risks that are\n presented by processing, in particular from accidental or unlawful\n destruction, loss, alteration, unauthorised disclosure of, or\n access to Personal Data transmitted, stored or otherwise\n processed.\n
\n\n The Controller acknowledges and agrees that some instructions from\n the Controller, including the Processor assisting with audits,\n inspections, DPIAs or providing other assistance under this DPA,\n may result in additional fees. In such case the Processor shall\n notify the Controller of its fees for providing such assistance in\n advance and shall be entitled to charge the Controller for its\n reasonable costs and expenses in providing such assistance, unless\n agreed otherwise.\n
\n\n The Controller acknowledges and agrees that: (i) Affiliates of the\n Processor may be used as Sub-processors; and (ii) the Processor\n and its Affiliates respectively may engage Sub-processors in\n connection with the provision of the Services.\n
\n\n All Sub-processors who process Personal Data in the provision of\n the Services to the Controller shall comply with the obligations\n of the Processor similar to those set out in this DPA.\n
\n\n The Controller authorises the Processor to use the Sub-processors\n included in the list of Sub-Processors (published at\n https://transpond.io/subprocessors) to process the Personal Data.\n During the term of this DPA, the Processor shall provide the\n Controller with 30 days prior notification, via email (or\n in-application notice), of any changes to the list of\n Sub-processors before authorising any new or replacement\n Sub-processor to process Personal Data in connection with the\n provision of the Services.\n
\n\n The Controller may object to the use of a new or replacement\n Sub-processor, by notifying the Processor promptly in writing\n within ten (10) Business Days after receipt of the Processor's\n notice. If the Controller objects to a new or replacement\n Sub-processor, the Controller may terminate the Agreement with\n respect to those Services which cannot be provided by the\n Processor without the use of the new or replacement Sub-processor.\n The Processor will refund the Controller any prepaid fees covering\n the remainder of the term of the Agreement following the effective\n date of termination with respect to such terminated Services.\n
\n\n All Sub-processors who process Personal Data shall comply with the\n obligations of the Processor set out in this DPA. The Processor\n shall prior to the relevant Sub-processor carrying out any\n processing activities in respect of the Personal Data: (i) appoint\n each Sub-processor under a written contract containing materially\n the same obligations to those of the Processor in this DPA\n enforceable by the Processor; and (ii) ensure each such\n Sub-processor complies with all such obligations.\n
\n\n The Controller agrees that the Processor and its Sub-processors\n may make Restricted Transfers of Personal Data for the purpose of\n providing the Services to the Controller in accordance with the\n Agreement. The Processor confirms that such Sub-processors: (i)\n are located in a third country or territory recognised by the EU\n Commission or a Supervisory Authority, as applicable, to have an\n adequate level of protection; or (ii) have entered into the\n applicable SCCs with the Processor; or (iii) have other legally\n recognised appropriate safeguards in place.\n
\n\n The parties agree that, when the transfer of Personal Data from\n the Controller to the Processor or from the Processor to a\n Sub-processor is a Restricted Transfer, it shall be subject to the\n applicable SCCs as outlined in Schedule 4.\n
\n\n In the event that any provision of this DPA contradicts directly\n or indirectly any SCCs, the provisions of the applicable SCCs\n shall prevail over the terms of the DPA.\n
\n\n The Controller may require correction, deletion, blocking and/or\n making available the Personal Data during or after termination of\n the Agreement. The Controller acknowledges and agrees that the\n Processor will process the request to the extent it is lawful and\n will reasonably fulfil such request in accordance with its\n standard operational procedures to the extent possible.\n
\n\n In the event that the Processor receives a request from a Data\n Subject in relation to Personal Data, the Processor will refer the\n Data Subject to the Controller unless otherwise prohibited by law.\n The Controller shall reimburse the Processor for all costs\n incurred resulting from providing reasonable assistance in dealing\n with a Data Subject request. In the event that the Processor is\n legally required to respond to the Data Subject, the Controller\n will fully cooperate with the Processor as applicable.\n
\n\n The Processor shall make available to the Controller all\n information reasonably necessary to demonstrate compliance with\n its processing obligations and allow for and contribute to audits\n and inspections.\n
\n\n Any audit conducted under this DPA shall consist of examination of\n the most recent reports, certificates and/or extracts prepared by\n an independent auditor bound by confidentiality provisions similar\n to those set out in the Agreement. In the event that provision of\n the same is not deemed sufficient in the reasonable opinion of the\n Controller, the Controller may at its own expense conduct a more\n extensive audit which will be: (i) limited in scope to matters\n specific to the Controller and agreed in advance with the\n Processor; (ii) carried out during the Processor's usual business\n hours and upon reasonable notice which shall be not less than 4\n weeks unless an identifiable material issue has arisen; and (iii)\n conducted in a way which does not interfere with the Processor's\n day-to-day business. The Processor may charge a fee (based on its\n reasonable time and costs) for assisting with any audit. The\n Processor will provide the Controller with further details of any\n applicable fee, and the basis of its calculation, in advance of\n any such audit.\n
\n\n This clause shall not modify or limit the rights of audit of the\n Controller, instead it is intended to clarify the procedures in\n respect of any audit undertaken pursuant thereto.\n
\n\n The Processor shall notify the Controller without undue delay\n after becoming aware of (and in any event within 72 hours of\n discovering) any accidental or unlawful destruction, loss,\n alteration or unauthorised disclosure or access to any Personal\n Data (“Personal Data Breach”).\n
\n\n The Processor will take all commercially reasonable measures to\n secure the Personal Data, to limit the effects of any Personal\n Data Breach and to assist the Controller in meeting the\n Controller's obligations under applicable law.\n
\n\n The Processor's notification of, or response to, a Personal Data\n Breach under this Section 10 will not be construed as an\n acknowledgement by the Processor of any fault or liability with\n respect to the Personal Data Breach.\n
\n\n The Processor will notify the Controller promptly of any request\n or complaint regarding the processing of Personal Data, which\n adversely impacts the Controller, unless such notification is not\n permitted under applicable law or a relevant court order.\n
\n\n The Processor may make copies of and/or retain Personal Data in\n order to comply with any legal or regulatory requirement\n including, but not limited to, retention requirements.\n
\n\n The Processor shall reasonably assist the Controller in meeting\n the Controller's obligation to carry out data protection impact\n assessments (DPIAs), taking into account the nature of the\n processing and the information available to the Processor.\n
\n\n The Controller shall notify the Processor within a reasonable\n time, of any changes to applicable data protection laws, codes or\n regulations which may affect the contractual duties of the\n Processor. The Processor shall respond within a reasonable\n timeframe in respect of any changes that need to be made to the\n terms of this DPA or to the technical and organisational measures\n to maintain compliance. If the Processor is unable to accommodate\n necessary changes, the Controller may terminate the part or parts\n of the Services which give rise to the non-compliance. To the\n extent that other parts of the Services provided are not affected\n by such changes, the provision of those Services shall remain\n unaffected.\n
\n\n The Controller and the Processor and, where applicable, their\n representatives, shall cooperate, on request, with a Supervisory\n Authority in the performance of their respective obligations under\n this DPA and Data Protection Law.\n
\n\n The parties agree that the Processor will be entitled to charge\n the Controller additional fees to reimburse the Processor for its\n staff time, costs and expenses in assisting the Controller, when\n the Controller requests the Processor to provide assistance\n pursuant to this DPA. In such cases, the Processor will notify the\n Controller of its fees for providing assistance, in advance.\n
\n\n The limitations on liability set out in the Agreement apply to all\n claims made pursuant to any breach of the terms of this DPA.\n
\n\n The parties agree that the Processor shall be liable for any\n breaches of this DPA caused by the acts and omissions or\n negligence of its Sub-processors to the same extent the Processor\n would be liable if performing the services of each Sub-processor\n directly under the terms of the DPA, subject to any limitations on\n liability set out in the terms of the Agreement.\n
\n\n The parties agree that the Controller shall be liable for any\n breaches of this DPA caused by the acts and omissions or\n negligence of its Affiliates as if such acts, omissions or\n negligence had been committed by the Controller itself.\n
\n\n The Controller shall not be entitled to recover more than once in\n respect of the same loss.\n
\n\n The Processor will only process Personal Data for the term of the\n DPA. The term of this DPA shall coincide with the commencement of\n the Agreement and this DPA shall terminate automatically together\n with termination or expiry of the Agreement.\n
\n\n The Processor will enable the Controller to delete Personal Data\n using the functionality provided by the Service at any time. For\n certain deletions, a recovery feature is offered by the Processor\n to enable recovery from accidental deletions for up to 30 days.\n This may be overridden by the Controller. After any recovery\n period, the Processor will permanently delete the Personal Data\n from the live systems.\n
\n\n On termination, the Controller has the option to request the\n return or deletion of Personal Data. This request must be made\n within 14 days of termination. The Processor will make the data\n available for download by the Controller in a machine readable\n format. The Processor will permanently delete the Personal Data\n from the live systems in any event within 14 days of termination\n of the Agreement.\n
\n\n Following permanent deletion from the live systems, partial data\n resides on the Processor's backup systems in accordance with its\n then current data back-up policy. If requested by the Controller,\n the Processor may be able to assist with recovery of partial data\n from these backups during this period. A fee will be charged for\n this service.\n
\n\n In addition, where any law, regulation, or government or\n regulatory body requires the Processor to retain any documents or\n materials containing any part or all of the Personal Data, the\n Processor shall be entitled to retain such documents or materials\n for the duration of such retention requirement.\n
\n\n Should a provision of this DPA be invalid or become invalid then\n the legal effect of the other provisions shall be unaffected. A\n valid provision is deemed to have been agreed which comes closest\n to what the parties intended commercially and shall replace the\n invalid provision. The same shall apply to any omissions.\n
\n\n Subject to any provisions of the SCCs to the contrary, this DPA\n shall be governed by the laws of England and Wales. The courts of\n England shall have exclusive jurisdiction for the settlement of\n all disputes arising under this DPA.\n
\n\n The parties agree that this DPA is incorporated into and governed\n by the terms of the Agreement.\n
\n\n List of Parties, Description of Processing and Transfer of\n Personal Data, Competent Supervisory Authority\n
\nThe Controller: means the Agency.
\n| Address: | \nAs set out for the Agency in the Agreement. | \n
|---|---|
| \n Contact person's name, position and contact details:\n | \n\n As provided by the Agency in its account and used for\n notification and invoicing purposes.\n | \n
| \n Activities relevant to the data transferred under the\n SCCs:\n | \nUse of the Services. | \n
| Signature and date: | \n\n By entering into the Agreement, the Controller is deemed\n to have signed the SCCs incorporated into this DPA and\n including their Annexes, as of the Effective Date of the\n Agreement.\n | \n
| Role: | \nData Exporter. | \n
| Name of Representative (if applicable): | \n\n Any UK or EU representative named in the Controller's\n privacy policy.\n | \n
\n
| Address: | \n\n Level 1, 20 Dale Street, Manchester, M1 1EZ, England.\n | \n
|---|---|
| \n Contact person's name, position and contact details:\n | \nsupport@mpzmail.com | \n
| \n Activities relevant to the data transferred under the\n SCCs:\n | \n\n The provision of online marketing solutions to the\n Controller under which the Processor processes Personal\n Data upon the instructions of the Controller in accordance\n with the terms of the Agreement.\n | \n
| Signature and date: | \n\n By entering into the Agreement, the Processor is deemed to\n have signed the SCCs, incorporated into this DPA,\n including their Annexes, as of the Effective Date of the\n Agreement.\n | \n
| Role: | \nData Importer | \n
| Name of Representative (if applicable): | \nData Protection Representative Limited | \n
| Categories of data subjects: | \n\n Individuals about whom data is uploaded to the Services by\n (or at the direction of) the Controller or by Users,\n Affiliates and other participants whom the Controller has\n granted the right to access the Services in accordance\n with the provisions of the Agreement including but not\n limited to:\n
| \n
|---|---|
| Categories of Personal Data: | \n\n Data relating to individuals uploaded to the Service by\n (or at the direction of) the Controller or by Users,\n Affiliates and other participants whom the Controller has\n granted the right to access the Services in accordance\n with the provisions of the Agreement. The Personal Data\n includes but is not limited to:\n
| \n
| Sensitive Data: | \n\n No sensitive data (special category data) will be\n processed or transferred and shall not be contained in the\n content of, or attachments to, emails.\n | \n
| \n The frequency of the processing and transfer (e.g. whether\n the data is transferred on a one-off or continuous basis):\n | \nContinuous basis for the duration of the Agreement. | \n
| Nature of the processing: | \n\n Processing operations include but are not limited to:\n providing email campaign & marketing automation\n services to users of the Services.\n | \n
| \n Purpose(s) of the data transfer and further processing:\n | \n\n Personal Data is transferred to sub-contractors who need\n to process some of the Personal Data in order to provide\n their services to the Processor as part of the Services\n provided by the Processor to the Controller.\n | \n
| \n The period for which the Personal Data will be retained,\n or, if that is not possible, the criteria used to\n determine that period:\n | \n\n Unless agreed otherwise in writing, for the duration of\n the Agreement, subject to clause 14 of the DPA.\n | \n
| \n For transfers to (Sub-) processors, also specify subject\n matter, nature and duration of the processing:\n | \n\n The Sub-processor list ( | \n
| \n Identify the competent supervisory authority/ies (e.g. in\n accordance with Clause 13 of the SCCs)\n | \n\n \n Where the EU GDPR applies, the Irish Data Protection\n Authority - the Data Protection Commission (DPC).\n \n\n Where the UK GDPR applies, the UK Information\n Commissioner's Office, (ICO).\n \n\n Where the FDPA applies, the Swiss Federal Data\n Protection and Information Commissioner, (FDPIC).\n \n | \n
|---|
The Data Exporter: is the Company.
\n\n The Data Importers: are the Sub-processors named\n in the Sub-processor list published at\n
\n The Sub-processor list includes the information about the\n processing and transfers of the Personal Data, for each Data\n Importer:\n
\nPersonal Data is processed by each Sub-processor:
\n\n The competent Supervisory Authority of the Data Exporter shall be:\n
\n\n Technical and Organisational Security Measures\n
\n\n
\n Below is a description of the technical and organisational\n measures implemented by the Processor(s) / Data Importer(s)\n (including any relevant certifications) to ensure an appropriate\n level of security, taking into account the nature, scope, context\n and purpose of the processing, and the risks for the rights and\n freedoms of natural persons.\n
\n\n Full details of the Processor's/Data Importer's technical and\n organisational security measures used to protect Personal Data can\n be requested.\n
\n\n Where applicable this Schedule 2 will serve as Annex II to the\n SCCs.\n
\n| Measure | \nDescription | \n \n \n
|---|---|
| Measures of encryption of Personal Data | \n\n Data transmitted between the Agency and our application is\n encrypted over public networks using Transport Layer\n Security (“TLS”).\n | \n
| \n Measures for ensuring ongoing confidentiality, integrity,\n availability and resilience of processing systems and\n services\n | \n\n \n The Processor utilises Digital Ocean with extensive\n application and infrastructure monitoring with 24x7\n application support rosters.\n \n\n We maintain redundancy throughout our IT infrastructure\n in order to minimise the lack of availability to or loss\n of data.\n \n\n The operation of Processor's service requires that some\n employees have access to the systems which store and\n process Personal Data. These employees are prohibited\n from using these permissions to view Personal Data\n unless it is necessary to do so. All of the Processor's\n employees and contract personnel are bound to our\n policies regarding Personal Data and we treat these\n issues as matters of the highest importance within our\n company. All staff employment contracts have full\n confidentiality clauses and all employees are required\n to read and sign our comprehensive information security\n policy covering the security, availability, and\n confidentiality of Processor's service.\n \n | \n
| \n Measures for ensuring the ability to restore the\n availability and access to Personal Data in a timely\n manner in the event of a physical or technical incident\n | \n\n Data is stored in duplicate. Should a single duplicate\n fail the service can be restored without data loss. In\n addition frequent backups are taken so in the unlikely\n event of both original copies of the data being lost the\n backups can be used to restore the service with minimal\n loss of data.\n | \n
| \n Processes for regularly testing, assessing and evaluating\n the effectiveness of technical and organisational measures\n in order to ensure the security of the processing\n | \n\n We strive to automate audits hence the majority of our\n monitoring of our infrastructure is automated and running\n 24/7. We obtain an external security and compliance audit\n once per calendar year.\n | \n
| Measures for user identification and authorisation | \n\n \n Passwords for authentication are salted and hashed using\n industry standard hashing functions.\n \n\n The Controller invites and removes users and applies\n permission levels in the account. Users can enable Two\n Factor Authentication to provide additional protection.\n \n | \n
| \n Measures for ensuring physical security of locations at\n which Personal Data are processed\n | \n\n The Service is hosted and Personal Data is stored within\n data centres provided by Digital Ocean (DO). As such, the\n Processor relies on the physical, environmental and\n infrastructure controls of DO. The Processor periodically\n reviews certifications and third-party attestations\n provided by DO relating to the effectiveness of its data\n centre controls.#\n | \n
| Measures for ensuring events logging | \n\n System events are recorded in the form of log files\n therefore it is possible to review retroactively whether\n and by who Personal Data was entered, altered or deleted.\n | \n
| \n Measures for ensuring system configuration, including\n default configuration\n | \n\n \n Security patches are applied to the application\n dependencies as issues are identified via 3rd party\n monitoring platform(s).\n \n\n Server operating systems and third party tools are\n updated automatically when new updates are available.\n \n | \n
| \n Measures for internal IT and IT security governance and\n management\n | \n\n Access to systems which store and process Personal Data is\n subject to role based need. Employees have individual\n logins for such systems. Two factor authentication must be\n enabled where available.\n | \n
| \n Measures for certification/assurance of processes and\n products\n | \n\n The Processor utilises third party data centres that\n maintain current ISO 27001 certifications and SOC 2\n Attestation Reports. The Processor will not utilise third\n party data centres used for primary storage that do not\n maintain the aforementioned certifications and/or\n attestations, or other substantially similar or equivalent\n certifications and/or attestations.\n | \n
| Measures for ensuring data minimisation | \n\n \n The Controller decides the Personal Data to be stored on\n the Service and is responsible for defining its own\n policies for minimising data collection and storage.\n \n\n If Personal Data is no longer required the Controller\n can delete it from the service. See “Measures for\n ensuring limited data retention”.\n \n | \n
| Measures for ensuring data quality | \n\n We do not assess the quality of the data provided by the\n Controller. We provide reporting tools within our product\n to help the Controller understand and validate the data\n that is stored.\n | \n
| Measures for ensuring limited data retention | \n\n \n The Controller is responsible for defining its own\n retention policies and using the tools provided by the\n Service to delete Personal Data.\n \n\n If Personal Data is no longer required the Controller\n can delete it from the service. It should be noted that\n with each deletion the data is in the first instance\n locked and then permanently deleted from the production\n system after a certain delay. This is done in order to\n prevent accidental deletions.\n \n\n Cancellation or Termination of the Service will also\n automatically result in permanent deletion of Personal\n Data after a certain recovery period.\n \n\n Following permanent deletion from the live systems,\n partial data resides on the Processor's backup archives\n and is removed over time in line with our data retention\n policy ( | \n
| Measures for ensuring accountability | \n\n \n The Processor has designated local representation in\n Europe and the United Kingdom.\n \n\n Our contact details in the United Kingdom\n support@mpzmail.com.\n \nContact details of our European representative \n
| \n
| \n Measures for allowing data portability and ensuring\n erasure\n | \n\n The Service has built-in tools that allow the Controller\n to export and permanently erase data.\n | \n
| \n Measures to be taken by the (Sub-) processor to be able to\n provide assistance to the Controller (and, for transfers\n from a Processor to a Sub-processor, to the Data\n Exporter).\n | \n\n The transfer of Personal Data to a third party (e.g.\n customers, sub-contractors, service providers) is only\n made if a corresponding contract exists, and only for the\n specific purposes. If Personal Data is transferred outside\n the EEA, the Processor provides that an adequate level of\n data protection exists at the target location or\n organisation in accordance with the European Union's data\n protection requirements, e.g. by employing contracts based\n on the EU SCCs.\n | \n
\n International Data Transfer Addendum to the EU Commission\n Standard Contractual clauses\n
\n\n VERSION B1.0, in force 21 March 2022\n
\n\n This Addendum has been issued by the Information Commissioner\n for Parties making Restricted Transfers. The Information\n Commissioner considers that it provides Appropriate Safeguards\n for Restricted Transfers when it is entered into as a legally\n binding contract.\n
\nTable 1: Parties
\n| \n Start Date\n | \n\n The date set out in Annex I of the Approved EU SCCs.\n | \n|
| The Parties | \n\n | \n \n | \n
| Parties details | \n\n Full legal name: the Customer named in the Agreement. Main\n address (if a company registered address): As set out in\n Annex I of the Approved EU SCCs. Official registration\n number (if any) (company number or similar identifier):\n Where set out in the Agreement.\n | \n\n Full legal name: MPZMail Limited Main address: Level 1, 20\n Dale Street, Manchester, M1 1EZ, England Official\n registration number (if any) (company number or similar\n identifier): 11234241\n | \n
| Key Contact | \n\n Full Name (optional): As set out in Annex I of the\n Approved EU SCCs. Job Title: As set out in Annex I in the\n Approved EU SCCs Contact details including email: As set\n out in Annex I the Approved EU SCCs.\n | \n\n Job Title: DPO Contact details including email:\n support@mpzmail.com\n | \n
| \n | \n no signature is required. | \nno signature is required. | \n
Table 2: Selected SCCs, Modules and Selected Clauses
\n| \n Addendum EU SCCs\n | \n\n the Approved EU SCCs, including the Appendix Information\n and with only the following modules, clauses or optional\n provisions of the Approved EU SCCs brought into effect for\n the purposes of this Addendum:\n | \n
| Module | \nModule in operation | \nClause 11 (Option) | \nClause 9a General Authorisation | \nClause 9a (Time period) | \n\n Is personal data received from the Importer combined with\n personal data collected by the Exporter?\n | \n
| 1 | \nno | \nnot used | \n- | \n- | \n- | \n
| 2 | \nyes | \nnot used | \nyes | \n30 days | \n- | \n
| 3 | \nyes | \nnot used | \nyes | \n30 days | \n- | \n
| 4 | \nno | \nnot used | \n- | \n- | \nno | \n
Table 3: Appendix Information
\n\n “Appendix Information” means the information which must be\n provided for the selected modules as set out in the Appendix of\n the Approved EU SCCs (other than the Parties), and which for\n this Addendum is set out in:\n
\n| \n Annex 1A: List of Parties: for Module 2 and Module 3\n | \n\n Annex 1B: Description of Transfer: for Module 2 and Module\n 3\n | \n\n Annex II: Technical and organisational measures including\n technical and organisational measures to ensure the\n security of the data: for Module 2\n | \n
\n Table 4: Ending this Addendum when the Approved Addendum Changes\n
\n| Ending this Addendum | \n\n Which Parties may end this Addendum as set out in Section\n 19:\n | \n
| when the Approved Addendum changes | \n\n Importer \n Exporter\n | \n
Entering into this Addendum
\n| Addendum | \n\n This International Data Transfer Addendum which is\n made up of this Addendum incorporating the Addendum EU\n SCCs.\n | \n
| Addendum EU SCCs | \n\n The version(s) of the Approved EU SCCs which this\n Addendum is appended to, as set out in Table 2,\n including the Appendix Information.\n | \n
| Appendix Information | \nAs set out in Table 3. | \n
| Appropriate Safeguards | \n\n The standard of protection over the personal data and\n of data subjects’ rights, which is required by UK Data\n Protection Laws when you are making a Restricted\n Transfer relying on standard data protection clauses\n under Article 46(2)(d) UK GDPR.\n | \n
| Approved Addendum | \n\n The template Addendum issued by the ICO and laid\n before Parliament in accordance with s119A of the Data\n Protection Act 2018 on 2 February 2022, as it is\n revised under Section 18.\n | \n
| Approved EU SCCs | \n\n The Standard Contractual Clauses set out in the Annex\n of Commission Implementing Decision (EU) 2021/914 of 4\n June 2021.\n | \n
| ICO | \nThe Information Commissioner. | \n
| Restricted Transfer | \n\n A transfer which is covered by Chapter V of the UK\n GDPR.\n | \n
| UK | \n\n The United Kingdom of Great Britain and Northern\n Ireland.\n | \n
| UK Data Protection Laws | \n\n All laws relating to data protection, the processing\n of personal data, privacy and/or electronic\n communications in force from time to time in the UK,\n including the UK GDPR and the Data Protection Act\n 2018.\n | \n
| UK GDPR | \n\n As defined in section 3 of the Data Protection Act\n 2018.\n | \n
\n The parties agree that the EU SCCs shall apply to Restricted\n Transfers from the EEA. The EU SCCs shall be deemed entered into\n (and incorporated into this DPA by reference) and completed as\n follows:\n
\n\n Please read this Reseller Agreement (the\n \"Agreement\") carefully before accessing or using\n the Transpond Services (\"Services\") provided\n through our website at\n
\n The Website is operated by Transpond Limited, a private limited\n company registered in England with company number 11234241 whose\n registered office is Level 1, 20 Dale Street, Manchester, M1 1EZ, UK\n (\"we\" or \"us\" or\n \"our\"). Our VAT number is 325273024. This Agreement\n applies to all Agencies who resell the Service.\n
\n\n\n By clicking on the accept buttons relating to this Agreement, the\n Data Processing Agreement and the Privacy Policy, you agree to be\n legally bound by the terms of the Agreement, Data Processing\n Agreement and Privacy Policy as they may be modified and posted on\n our Website from time to time. In this Agreement,\n \"you\" refers to the entity you represent (the\n \"Agency\").\n
\n\n\n If you do not agree with the terms of this Agreement, Data\n Processing Agreement and Privacy Policy, you may not become a\n reseller or order any Services.\n
\n\n\n You or Your Customers must not use this service if you are based in the \n following sanctioned jurisdictions; Cuba, Iran, North Korea, Syria, Russia\n and the regions of Crimea, Zaporizhzhia, Kherson, Donetsk and Luhansk, or\n are not otherwise prohibited from using the Platform under the laws and \n regulations of the United States, or any other applicable jurisdiction.\n
\n\n\n The Company and the Agency are referred to herein individually as a\n \"Party\" and collectively as the\n \"Parties\".\n
\n\n\n WHEREAS, the Company provides certain online marketing products and\n services (the \"Services\").\n
\n\n\n WHEREAS, the Agency markets, sells and/or licenses products and\n services to its end-user customers (the\n \"Customers\").\n
\n\n\n WHEREAS, the Agency wishes to market, sublicense and provide the\n Services to its Customers and the Company wishes to appoint the\n Agency as a non-exclusive reseller of the Services pursuant to the\n terms and conditions of this Agreement.\n
\n\nThe Parties agree as follows.
\n\nTHIS ORDER FORM is made between:
\n\n\n MPZMail Limited a company registered in England and\n Wales with company number 11234241 with its registered offices at\n Level 1, 20 Dale Street, Manchester, M1 1EZ, England, (the\n \"Company\"),\n
\n\nand
\n\nthe reseller, (the \"Agency\").
\n\n| Customer | \nReseller's customers for whom the Services are purchased | \n
| Effective Date | \nSignup of this Agreement | \n
| Initial Term | \n1 month / 12 months starting from the Effective Date. | \n
| Renewal Term | \n1 month / 12 months. | \n
| Term | \nInitial Term plus any Renewal Terms. | \n
\n The following Fees are payable for access and use of the Services by\n the agency for the Customers during the Term of this Order Form:\n
\n\n| Amount(Agreed Currency) | \nInvoicing | \nPayment | \n|
| Service Fee | \n\n 20% off the MPZ pricing from the website for Agency\n customers.The Agency will receive the margin % they apply to the\n MPZ pricing.\n | \nAgency customers charged monthly in advance | \nImmediately on the date of each invoice. | \n
\n The Agency acknowledges that this Order Form is entered into subject\n to the terms of the Agreement entered into between the Agency and\n the Company from the Effective Date including its schedules and all\n documents referred to therein.\n
\n\n During the closed Beta for Text Messaging, Customers will receive 100 free credits to get started. Customers will then be able to purchase additional bundles of credits on a Pay as You Go basis as explained in the app. Unused credits will be carried over following a full launch of Text Messaging even if there is a change to the commercial model.\n
\n\n You can deactivate your Text Messaging via the Early Access Features section in your Transpond account. Cancelling your Transpond account will disable Text Messaging immediately.\n
\n\n We may limit the number of messages or the time of day you can send messages as part of Text Messaging. By using Text Messaging, you agree to:\n
\nNo hidden costs
\nAll covered in your monthly package
\nExcellent Customer Support team
\nReplies to enquiries within 24 hours, Monday to Friday
\n\n White label email marketing so you can build stronger relationships\n with your clients, and grow your agency.\n
\n\n\n Get 20% off the normal price of Transpond, so you can control\n what you charge for the service.\n
\n\n Make Transpond your own by using a custom domain that your\n clients use when accessing their account.\n
\n\n Give your clients a consistent experience by customizing the\n look and feel of Transpond to match your brand.\n
\n\n Manage accounts in one place and control user access from a\n single dashboard.\n
\n\n Use our default Transpond mail servers or your own\n infrastructure.\n
\n\n Access our library of pre-built templates or build your own\n custom solutions.\n
\n\n Our support team are on hand to ensure you have everything you\n need.\n
\n\n The ability to white label Transpond gives you access to a world\n class email marketing solution that provides a ready-made\n revenue stream.\n
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