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Legal

Welcome to RaceMail

We hope that you will enjoy our email marketing online services that will, among other things, enable you to collect visitor email addresses and to create, launch, and manage online email campaigns (“Services”).

These terms of use (“Terms of Use”) are a legal agreement between (i) RaceMail Inc. (“we”, “us” or “our”) and (ii) you (corporation, organization or other legal entity) (“Organization”) and each of the individuals (e.g., employees or consultants) acting on your behalf (the Organization and the individuals, collectively “you” or “your”), setting forth, among other things, the terms and conditions for the provision of the Services by RaceMail to you.

The Services are available through the following address: https://www.email.racedata.ca.

Effective as of November, 2020

Agreement and Amendments to the Terms of Use Agreement

By accessing and using the Services RaceMail, you accept and agree to the provisions of these terms of use (the “Terms of Use”) without any reservations, modifications, additions or deletions. If you do not agree to any provisions contained in these Terms of Use, you are not authorized to use the Services. You may be denied access to the Services, with or without notice to you, if you do not comply with any provisions of these Terms of Use.

Amendments

We reserve the right to update and change these Terms of Use, in whole or in part at our sole discretion, from time to time and will post the updated amended Terms of Use on our website at the following address: https://racemail.ca/terms with the date of the amended version. If we make any substantial changes to these Terms of Use, we will notify you by posting a prominent notice when you log onto RaceMail. If you do not agree to, or cannot comply with, these Terms of Use as amended, you are not authorized to use the Services. You will be deemed to have accepted these Terms of Use, as amended, if you continue to use the Services after any such changes. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to these Terms of Use. If you wish to cancel your account because you do not agree with these Terms of Use as amended, please contact us by email at support@racemail.ca; we will refund you any amount you prepaid in respect of such Services for the period after the amended Terms of Use take effect.

Privacy and Anti-Spam Policy

The Privacy Policy (the “Privacy Policy”) and the Anti-Spam Policy (the “Anti-Spam Policy”) are incorporated by reference and made an integral part of the Terms of Use. It is important that you read and understand their terms. By using our Services, you agree to comply with these policies. Any breach by you of the Privacy Policy or the Anti-Spam Policy shall be considered a breach under the Terms of Use.

Power and Authority

You represent and warrant to us that you have the full right, power and authority to access and use the Services and, to the extent necessary, that you have obtained all necessary corporate or other authorizations or consents to access and use the Services. Thus, if you are an individual (e.g., employee or consultant) acting on behalf of an Organization, you represent and warrant that you have obtained all necessary authorizations or consents (i.e., you must be an authorized representative) to accept these Terms of Use on behalf of such Organization so that, in addition to yourself, such Organization is bound by these Terms of Use.

Account Terms

Registration

We restrict access of the Services to registered users.

Age

You must be 18 years or older (or the age of majority in your jurisdiction of residence) to use the Services.

Account Information

You must provide true, accurate, current, and complete information about yourself (Organization and/or individual, as the case may be), including but not limited to a valid email address (collectively, your “Account Information”). You agree to update your Account Information as necessary to keep it accurate. You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including passwords) and for restricting access to your hardware device while using the Services. You agree to accept responsibility for all activities that occur under your account.

Login and Passwords

Your login may only be used by yourself. Sharing a login with other people is not permitted. An Organization may create separate logins for as many individual users as it wishes. You are responsible for maintaining the security of your account login and passwords.

Free Account

Only one free account per Organization is permitted.

Data Archival

For all accounts, we reserve the right to delete all user activity older than 90 days, after which only aggregate activity will be available to you.

Payments and Refunds

Credit Card Payment

Payment for Services must be made by a valid credit card accepted by us, unless other payment arrangements have been made. You hereby authorize us to charge your credit card for such amounts according to our pricing terms.

No Refund

All fees paid for services rendered are non-refundable, unless an account is terminated by us without cause, in which case, a refund may be granted on a pro-rata portion of your prepayment for such services.

Reactivation Fee

We will charge a reactivation fee of $100 to reactivate an account that has been deactivated due to non-payment.

API Terms and Specific Terms

Organizations may access their account data via an Application Programming Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses our Services, is governed by the terms of these Terms of Use in addition to the following specific terms:

  • We reserve the right to throttle API requests;
  • Abuse or excessively frequent requests to the API may result in the temporary or permanent suspension of your account’s access to the API. We, at our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt via email to warn the account owner prior to suspension; and
  • We reserve the right to modify or discontinue, temporarily or permanently, the API (or any part thereof) at any time with or without notice.

Content and Intellectual Property

Your Content

All of your content and data used in connection with the Services (collectively, “User Content”) must comply with Canadian, U.S. and any other applicable intellectual property or other laws. You must only use images and text you are entitled to use. We claim no intellectual property rights over the material you provide through the Services. Your User Content materials remain yours or your licensors.

Sanctions

We may remove any Content or prohibit any use of the Services we believe may be (or is alleged to be) in violation of these Terms of Use.

Our Content and Software

All content displayed by us or otherwise on the web site and including, without limitation, all the software (including any source code) used in connection with the Services, style guide, design, text, photographs, illustrations, audio clips, video clips, tools, artwork and other graphic material (the “RaceMail Content”) is protected by applicable copyright laws. The content, and the copyright in the content, are owned or controlled by us and/or our affiliates, licensors, suppliers, representatives or agents. You must abide by all copyright notices, information and restrictions contained in any content on or accessed on the web site and maintain such notices in the RaceMail Content.

Trademarks

Our company or other third party names and logos and all related product and service names, design marks, trademarks and slogans that are displayed on or through the Services or used in connection with the Services, are our sole property or the property of our affiliates or licensors (collectively, “Marks”). You are not authorized to use any of the Marks for any purpose whatsoever including without limitation, in any advertising, publicity or any other commercial manner, without our prior written consent.

No License

Nothing appearing on or through the Services will be construed as granting you any license, right, title or interest relating to the Marks or other intellectual property used in connection with the Services (collectively, “Intellectual Property”) and the Intellectual Property remains our exclusive property or the property of its owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. Also, you cannot mirror any material contained on the Services or made available through the Services.

Reservation of Rights

Subject to the limited rights expressly granted hereunder, we reserve all right, title and interest in and to the Services, including all related Intellectual Property rights, to the fullest extent possible under applicable laws. You may not assign, transfer or otherwise affect any rights granted to you under these Terms of Use, and any attempt to assign, transfer or otherwise affect any part of your rights under these Terms of Use is void.

Restrictions

You shall not (i) permit any third party to access the Services except as specifically permitted herein, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on your own intranets or otherwise for your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.

Feedback

We shall own all right, title and interest in and to any suggestions, requests or recommendations for improvements or enhancement to the Services or other feedback provided by you relating to the operation of the Services (collectively, “Feedback”). You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all your moral rights in the Feedback.

Service Interruptions

Interruptions You acknowledge that: (i) the provision of Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including, without limitation, as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Services; (b) in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, that a risk to the Services, to you or to any of our other users may be created if the Services were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Interruptions”). No Liability We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption. Notice of Interruption To the extent we are able, we will endeavor to post updates on our website on this page of our website, regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.

Prohibited Acts and Services

Prohibited Acts

So that the Services are available for all users to enjoy, you represent, warrant and covenant that you (including, if you are an Organization, an individual acting on your behalf such as an employee or consultant) (i) will use the Services only in compliance with these Terms of Use (including the Privacy Policy and Anti-Spam Policy) and all applicable laws, including without limitation all applicable privacy laws and anti-spam laws and (ii) will not, and will not or permit or enable third party to:

  • Use automated tools to operate the Services (scripts, etc.);
  • Use the Services to store Social Security Numbers, social insurance numbers, passwords, security credentials or sensitive personal information; Host images and files on our servers other than those intended for use in your email campaigns; Use the Service to design an email campaign and send it through another means; or
  • Use the Services in a way (including without limitation displaying, posting, transmitting, distributing or otherwise making available any Content) that (i) violates these Terms of Use (including, without limitation, through the posting of any Content that violates third party rights or applicable laws including anti-spam laws); (ii) you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information collected, learned or disclosed as part of employment relationships or under non-disclosure agreements); (iii) is unlawful, infringing, harmful, threatening, tortious, defamatory, libelous, abusive, obscene, invasive of another’s privacy, hateful, fraudulent or malicious; (iv) harasses or advocates harassment of another person; (v) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” as those terms are normally understood, or as defined in any anti-spam law applicable to you; (vi) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (vii) promotes information that you know is false, misleading, defamatory or promotes illegal activities or conduct; (viii) solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; (ix) interferes with or disrupts the Services ; (x) collects or “harvests” from or through the Services the names and/or other information of other users for the purpose of transmitting to third parties (including other users of the Services) unsolicited commercial electronic messages; or (xi) otherwise violates any local, national or other applicable laws or regulations including applicable privacy laws, anti-spam laws and regulations.

Prohibited Services

We do not allow Organizations that offer the following types of services, products, or content, to use our Services:

  • Pornography, nudity, escorts or anything sexually explicit
  • Illegal goods or services
  • Pharmaceutical products
  • Work from home opportunities
  • Online trading
  • Gambling
  • Multi-level marketing
  • Affiliate marketing
  • Credit repair, Mortgages and/or Loans
  • List brokers or List rental services
  • Any other Content that we deem inappropriate

Sanctions

ANY USE OF THE SERVICES (i) IN BREACH OF THESE TERMS OF USE (INCLUDING BUT NOT LIMITED TO THE ABOVE SUBSECTIONS ENTITLED “PROHIBITED ACTS” AND “PROHIBITED SERVICES”, THE PRIVACY POLICY OR THE ANTI-SPAM POLICY) OR (II) THAT IS NOT SPECIFICALLY PERMITTED UNDER THESE TERMS OF USE, IS STRICTLY PROHIBITED AND MAY RESULT, AT OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT.

Contact

Any misuse of the Services may be reported to support@racemail.ca

Disclaimer

Security

We endeavour to use commercially reasonable and appropriate security measures to protect against unauthorized access to your account and Account Information, and to any data which may be stored by us. We cannot, however, guarantee absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent third-party “attackers” from illegally accessing the Services or their content. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON OR THROUGH THE SERVICES IS AT YOUR OWN RISK AND you accept all risks of unauthorized access to the Services, your Account Information and any other information you provide to us or through the Services. We will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold us harmless, our officers, directors, shareholders, employees, distributors, agents, partners, licensors, information providers and account providers (collectively, “Representatives”), as applicable, for any improper, unauthorized or illegal uses of your account by a third party. You agree to immediately notify us of any unauthorized use or your account, or any other breach of security at support@racemail.ca For the purposes of this Section “Disclaimer” and Section “Limitation of Liability; Indemnity”, “we” or “us” means RaceMail and our Representatives.

GDPR related terms

RaceMail users should consult with their legal professionals to understand the full scope of their compliance obligations under GDPR. As a general rule, if you are an organization that is established in the EU, or if your organization is processing EU individuals’ personal data, the GDPR will be applicable to you.
‍
One crucial GDPR objective is the Accountability Principle. The Accountability Principle states that the data controller (RaceMail client) has to be able to demonstrate that its processing activities are compliant with the data protection principles set forth in the GDPR. The easiest way to demonstrate compliance is by documenting and communicating your GDPR compliance approach.
C.F. Art. 24 – EU GDPR – Responsibility of the controller

“As is” Basis

THE SERVICES ARE PROVIDED “AS IS”. THE USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Warranty Disclaimer

WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES (I) THAT THE SERVICES ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR FREE OR (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. IN PARTICULAR, EMAIL DELIVERY TO THE RECIPIENT INBOX IS NOT GUARANTEED. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES OR YOUR USE OF THE SERVICES. IF WE ELECT TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE SERVICES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

Exclusive Remedy

The sole and exclusive remedy for any failure or nonperformance of the Services shall be for us to use commercially reasonable efforts to adjust or repair any portion of the Services that caused any such failure or nonperformance.

Limitation of Liability and Indemnity

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, DELICT, QUASI-DELICT, NEGLIGENCE, CONTRACT, WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO (I) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICES, (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE SERVICES, OR (III) YOUR VIOLATION OF ANY APPLICABLE LAW INCLUDING BUT NOT LIMITED TO ANTI-SPAM LAWS EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, WE ARE FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT PAID FOR THE LAST 3 MONTHS OF SERVICES PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Indemnity

YOU WILL INDEMNIFY AND HOLD US AND OR OUR REPRESENTATIVES HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS’ FEES) ARISING OUT OF (I) YOUR BREACH OF THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY OR THE ANTI-SPAM POLICY; (II) ANY DAMAGES CAUSED BY YOU OR THROUGH YOUR USE OF THE SERVICES, INCLUDING THIRD PARTY DAMAGES; AND (III) YOUR USE OR MISUSE OF THE SERVICES.

Termination of Your Account

Account

For the purposes of this Section “Termination of Your Account”, “account” includes, for an Organization, the account of that Organization and all of the accounts of the users of the Services which act on behalf of such Organization, such as employees and consultants.

Termination by You or by Us

Your account will be automatically terminated at the end of your pre-paid period if you ask us to stop providing the Services to you (you must send us a notice at least 7 days in advance). We reserve the right to modify or discontinue, temporarily or permanently, all or part of the Services, at any time with or without notice, without any liability whatsoever.

Termination for Breach

We may suspend your account immediately in the event of any breach by you (including, if you are an Organization, somebody acting on your behalf such as an employee or consultant) of these Terms of Use, including the Privacy Policy and the Anti-Spam Policy. Specifically, but without limiting the generality of the foregoing, an account will be suspended for malicious use or malicious intention, violation of any applicable laws including anti-spam laws, or any use of the software in a manner for which it is not designed or intended to be used. We will notify you by email of your account suspension. If the breach is not cured within 72 hours of the notice of suspension, we may, at our sole discretion, terminate immediately your account without incurring any liability whatsoever. If we terminate your account(s) for breach, no refund will be issued.

No Liability

We shall have no liability to you or any third party because of any termination of your account.

Consequences of Termination

To the maximum extent permitted by applicable laws, including privacy laws, all of your User Content will be immediately deleted from our servers upon termination of your account. This information cannot be recovered once your account is terminated.

Account Inactive

If you do not log into a free account for more than 6 months, we reserve the right, at our sole discretion, to classify the account as inactive and to terminate it, without any liability whatsoever.

Survival

All provisions of these Terms of Use which by their nature should survive expiration or termination shall survive the expiration or termination of your account, including, without limitation, all ownership provisions, warranty disclaimers, limitations of liability and indemnification obligations contained in these Terms of Use.

Miscellaneous

Severability

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or struck to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.

Entire Agreement

You agree (i) that these Terms of Use (including the Privacy Policy and Anti-Spam Policy) are the complete and exclusive statement of the mutual understanding between you and us and supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter hereof and (ii) that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under these Terms of Use or existing at law or equity shall be considered a waiver of such right or remedy.

No Agency

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, and you do not have any authority of any kind to bind us in any respect whatsoever.

Subcontract

We may subcontract, without having to obtain your consent, any or all part of the provision of the Services and our obligations under the Terms of Use.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Québec, Canada applicable to agreements made and entirely to be performed within the Province of Québec, Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access or use the Services, you agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of the Services shall be filed and adjudicated only in the federal or provincial courts located in the Province of Québec, Canada (district of Montreal), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms of Use or your access or use of the Services.

Language

The parties hereto acknowledge having expressly required that these Terms of Use, the Privacy Policy and the Anti-Spam Policy are to be drawn up in the English language.

Prevailing Version

In case there are several versions of the Terms of Use in different languages, you agree that the English language version of the Terms of Use shall be the controlling version.

Questions

If you have any questions regarding the Services, the Terms of Use, the Privacy Policy, the Anti-Spam Policy, or wish to report any issue relating to the Services you were provided, please contact us by email at support@racemail.ca. If you have received an email from one of our clients and wish to be unsubscribed, please forward it to abuse@racemail.ca.

To whom this policy applies

This privacy policy declaration applies to the following parties:

  • Race Data 2013 Inc., proprietor and administrator of the service RaceMail as defined on the web site racemail.ca. The company Race Data 2013 Inc., operating under the web address racemail.ca is referred to as RaceMail in this declaration;
  • Registered users of the service RaceMail possessing a member list. These RaceMail users are referred to as “Clients” in this declaration;
  • Members of the mailing list, recipients of the permission-based marketing e-mails by an intermediary of the RaceMail service. These mailing lists are generated by the Clients of RaceMail and the administration of such lists is facilitated by RaceMail. The members of these mailing lists are referred to as ”Subscribers”.
  • Internet users seeking information from web sites administered by RaceMail. The users of these sites are referred to as ”Users”.

Effective as of January 17, 2022

Personal information

Except as provided elsewhere in this privacy policy, RaceMail will not divulge any User’s personal information to any third party. The User can, without obligation, gather essential information regarding the RaceMail service on the RaceMail web site provided that the User or the Client does not reproduce the content for personal or commercial purposes.

If the User wishes to download electronic documents from the RaceMail web site, contact customer service, subscribe to a mailing list or become a Client of the RaceMail service, the User must consent to the collection by RaceMail of the User’s personal information with the objective of verifying, where applicable, the identity or registration, including last and first name, physical address, phone number, e-mail address and payment details for the purpose of opening a RaceMail account.

All personal data will be used exclusively for administrative purposes so as to offer Clients and Users the required and requested service.

Data protection and non-divulgation of personal information

RaceMail conforms to the rules governing Canada’s Personal Information Protection and Electronic Documents Act, Quebec’s Personal Information Protection Act, Alberta’s Personal Information Protection Act, British Columbia’s Personal Information Protection Act, and the European Union’s General Data Protection Regulation (collectively the “Applicable Privacy Laws”).

All personal data provided during registration of the RaceMail service will be stored in a secure database and protected with SSL (Secure Socket Layers). This data, including member lists belonging to the Clients of RaceMail, will be exclusively accessible by workstation intermediaries and protected by authentication.

Access to this data is only accessible to RaceMail authorized personnel for maintenance and analysis purposes. This data will be stored as long as is necessary unless a formal request for its destruction is made by the person to whom it relates.

Except as provided in this section and elsewhere in this privacy policy, RaceMail will not divulge any personal information to a third party allowing a Client or member to be identified without their prior written consent so as to avoid any damage to their personal reputation or their companies or to the intermediaries that represent them. Any and all transfers of such personal data that may be made to third parties outside of Canada will be made exclusively with service providers who comply with the General Data Protection Regulation.

RaceMail and its Clients promise to never rent, sell or disclose their member lists with third parties without the prior consent of members except that RaceMail may disclose personal information of its members in the rare circumstance where applicable law requires such disclosure in accordance with a court order.

Notwithstanding anything in this privacy policy to the contrary, we may share any information (whether personal information or not ) we have collected about Clients, Subscribers or Users or that has been submitted to us:

  • In response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands;
  • If we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Terms of Use;
  • If we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the RaceMail web site infrastructure or the Internet in general (such as spamming, denial of service attacks, or attempts to compromise the security of the RaceMail web site infrastructure or the RaceMail web site generally);
  • To a parent company, subsidiaries, joint ventures, or other companies under common control with RaceMail (in which case we will require such entities to honour this privacy policy);
  • If RaceMail is acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this privacy policy, or inform all those affected that they are covered by a new privacy policy).

Communications with Clients

We use Typeform to collect data from clients which is transferred to Freshsales to manage and communicate with these clients. Typeform is used to collect data and store them safely on their Amazon AWS services. Freshsales, Zendesk, Google Mail, Olark. LeadInfo, Dropbox, Partner Stack and Slack are used to manage and send communications to build and manage customer relationships.

For more information, please refer to Typeform’s Privacy Policy, Amazon Security Privacy, Freshsales Privacy Policy, Zendesk’s Privacy Policy, Google Cloud Trust Principles, Olark Privacy Policy, LeadInfo Privacy Policy, Dropbox Privacy Policy, Partner Stack, Slack Legal.

Gathering of information for statistical and analytical purposes

RaceMail automatically collects certain information using Google Analytics and Postmastery, to help understand how visitors use RaceMail website, but none of this information identifies the Users personally. For example, each time RaceMail website is visited, RaceMail automatically collect IP address, browser and computer type, access times, the web page from which the visitor came, and the web page(s) accessed (as applicable).

RaceMail uses information collected in this manner only to better understand the needs of all RaceMail website visitors. RaceMail also makes use of information gathered for statistical purposes to keep track of the number of visits to RaceMail website and which pages on RaceMail website were visited, with a view to introducing improvements. For more information, please refer to Google Privacy Security Policy, Postmastery Privacy Statement.

Client management and secured payment processing

RaceMail uses Stripe, Bluesnap, Freshbooks, Freshsales, Profitwell, WePay and PayPal for third-party in the purchasing process of the Service. This intermediary has the exclusive permission to store, on our behalf, the data pertaining to the executed transactions by the Clients with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Clients, and swift follow-up. This transactional data may be used for validation and registration purposes of Clients. For more information, please refer to Stripe Privacy Policy, Bluesnap Privacy Policy, Freshbooks Privacy Policy, Freshsales Privacy Policy, Profitwell Policy, WePay Privacy Policy and PayPal Privacy Policy.

Data storage and hosting providers

We may store and process personal data with our contracted third-party service providers (“Service Providers”) in order to provide our Products and Services. These include Dropbox, eHawk, Amazon AWS, Google Docs and Google Cloud Services, Cloudflare, OVH, iWeb. For more information, please refer to Dropbox Privacy, eHawk Privacy Policy, Amazon Security Privacy, Google Cloud Trust Principles Cloudflare Privacy Policy. OVH Personal Data Protection, iWeb Privacy Policy.

Consent and identity

Members, Clients and Users may decline at any time to make personal information available on the RaceMail web site. However, RaceMail reserves the right to accept or decline the registration of a Client to the RaceMail service if the personal data is found to be incomplete, fraudulent or furnished by a User who has not attained the age of majority (18 years for a resident of a Canadian province or 21 years for a resident of a state in the U.S.). Any data not conforming to the rules detailed above will be removed from the Client database by RaceMail within 72 hours. Similarly, permission-based marketing emails shall not be sent to Users who are minors without the prior written consent of their parents or legal guardians. In the case of any doubt regarding the registration information provided by a prospective Client, RaceMail reserves the right to require additional proof of identity and age. RaceMail reserves the right to cancel a RaceMail Client’s membership without warning when regulations governing the usage policy described above are not met.

Corrections and unsubscribing

A Client of the RaceMail service may communicate with RaceMail via email at support@racemail.ca regarding access to information submitted during registration and the correction thereof. Members of the Client mailing lists of the RaceMail service are asked to communicate directly with the Client in order to correct or validate any personal information regarding their registration to all permission-based marketing emails. If the Client does not, within a period of 72 hours, respond to a member’s request for access to personal information concerning them or the correction thereof, such member may communicate with RaceMail via email at support@racemail.ca. If a member’s modification requests are not respected by a Client of the RaceMail service, RaceMail reserves the right to impose sanctions on the Client’s usage.

RaceMail requires all Clients of the RaceMail service to include a clearly articulated option to unsubscribe from the mailing list in all permission-based marketing e-mails. Clients who must comply with Canada’s Anti-Spam Law have specific requirements for their unsubscribe mechanism. Please refer to the Anti-Spam Policy for details. A Subscriber must be able to unsubscribe at any time from a member list generated by a Client of the RaceMail service. The Subscriber may also unsubscribe at the same time from the member lists of any satellite subscriptions of a Client of the RaceMail service by submitting a verbal or written request to the Client. Should an unsubscribe request made by a member not be met by a Client of the RaceMail service within a period of 72 hours, the Subscriber may lodge a complaint directly with RaceMail through the contact section of the RaceMail web site.

RaceMail reserves the right to impose sanctions or to suspend service to any and all RaceMail Clients who do not conform to these requirements. A Client may, at any time, cancel use of the RaceMail service following, where applicable, the payment of fees set out in the preauthorized agreement accepted by the Client when registering for the service. Any User invited to participate in a promotional activity organized by a RaceMail Client (viral marketing of the “invite your friend to participate” type) retains the right to refuse the proposed promotional activity. All Clients of RaceMail are held responsible by RaceMail for the proper functioning of all viral marketing tools thereby avoiding an interruption of service.

Authorized content

RaceMail cannot be used for fraudulent purposes, those of an explicit nature or any activity not respecting applicable law. Clients may not use RaceMail for the following:

  • Promotion of a pornographic nature;
  • The sale of pirated products or those that do not conform to applicable law;
  • The commercial, promotional or pornographic exploitation of minors;
  • False advertising involving the extortion of a User;
  • Non-authorized publicity of an individual or business without official consent;
  • Promotion of web sites involving pirating, terrorism or the posting of information considered illegal in Canada, the U.S. and the European Union.

Any Clients of the RaceMail service not conforming to the aforementioned content rules will have their service blocked without warning. RaceMail reserves the right to pursue any RaceMail Client not conforming to these rules so as to protect the integrity of the services offered to its Subscribers, Clients and Users. Clients who must comply with Canada’s Anti-Spam Law have specific requirements for their email content. Please refer to the Anti-Spam Policy for details.

Hyperlinks

The RaceMail web site, as well as all electronic communications emitted by the Clients of RaceMail are permitted to contain hyperlinks to other web sites either belonging to partners of RaceMail or not. These web sites, independent of RaceMail, do not automatically conform to all the points of the present privacy policy. RaceMail is not responsible for the specific practices executed on these web sites and shall only be held responsible for the usage of the RaceMail service.

Usage of secondary information

Invisible GIFs and pixel tags are utilized in the permission-based marketing e-mails sent by the Clients of RaceMail so as to permit RaceMail to assemble general information regarding the success of transmission. Once a recipient opens an HTML e-mail sent by a Client of the intermediary services of RaceMail, the computer of the recipient grants access to the RaceMail servers to transmit these invisible GIFs. This tool allows RaceMail to assemble the following information: e-mail addresses and the dates and times of the delivery and opening of messages. This data allows RaceMail to optimize the e-mail delivery and assure that the transmission rules of all permission-based marketing e-mails are being respected by the Clients of the RaceMail service. RaceMail reserves the right to gather IP addresses in its files for statistical purposes or to test the functionality of RaceMail’s e-mail servers. Cookies are employed in the management execution of interfaces of the RaceMail web site. These cookies are used for the sole purpose of offering Clients of RaceMail access to more personalized information on the products and services of the company. The User visiting the RaceMail web site will always maintain anonymity. Cookies are also employed as part of online advertising campaigns. Third party vendors, including Google, display RaceMail advertisements on web sites on the internet. These third party vendors, including Google, use these cookies to serve ads based on a User’s prior visits to RaceMail.com. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page.

Notification of changes

RaceMail’s creation of new services on the RaceMail web site or any other web site registered under RaceMail, may contain some modifications to the present privacy policy. In such a case, RaceMail will post a notice on the homepage of the web sites in question to inform present Clients or anyone requesting information. An archive of the previous policy will be available to Users for verification purposes. A similar process is in place regarding any updates of the RaceMail service. Any modifications in service taking place throughout the course of a Client contract will be documented and explained so as to facilitate the understanding of all executed upgrades. This update notice will be available on the homepage of the RaceMail web site. RaceMail’s Privacy Officer is responsible for ensuring that all parties conform to this privacy policy whether it be RaceMail staff or Clients of the RaceMail service and their Subscribers.

Any person wishing to comment or lodge a complaint of non-conformity of RaceMail’s privacy practices with the Applicable Privacy Laws is asked to communicate with RaceMail by email at privacy@racemail.ca or by mail addressed to: Privacy Officer, Race Data 2013 Inc.
‍2300 Boulevard Alfred-Nobel, Bureau 100
Montréal (QC) Canada – H4S 2A4

Complaints or Concerns. Alternatively, complaints may be lodged with the applicable governmental authority.

Data Processing Addendum

 This Data Processing Addendum (“DPA”) is effective as of the Effective Date of any master agreement for the provision of Services (the “Agreement”) between Race Data 2013 Inc. (“RaceMail“) and the Client specified in the Agreement (“Client”). Alternatively, the DPA is effective as of the date the Client enters into the RaceMail online Terms of Use at https://racemail.ca/legal/terms, which shall also be deemed the “Agreement” under this DPA.

RaceMail and Client shall hereafter be collectively known as the “Parties” and individually known as a “Party”. To the extent that any of the terms or conditions contained in this DPA may contradict or conflict with any terms or conditions regarding the processing of Personal Data in the Agreement, it is expressly understood and agreed that the terms of this DPA shall take precedence and supersede those other terms or conditions as it regards the subject matter.

The Parties agree as follows:

1. Definitions

1.1 For the purposes of this DPA, the following expressions bear the following meanings unless the context otherwise requires:
“Applicable Data Protection Laws” means, in respect of a Party, any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding instrument relating to the protection of Personal Data, including:

(a) the Directive 2002/58/EC (as amended) (the “e-Privacy Directive”), the e-Privacy Regulation 2017/003 (COD) (the “e-Privacy Regulation”), and any laws and regulations implementing these; and

(b) the Directive 95/46/EC (as amended) (the “Data Protection Directive”), the Regulation 2016/679 (the “GDPR”), and any laws and regulations implementing these;

(in each case as amended, consolidated, re-enacted or replaced from time to time).

“Data Subject”, “Personal Data”, “Process”, “Processed” and “Processing” shall each have the meaning as set out in the GDPR;

“EU Data Protection Laws” means any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding instrument relating to the protection of personal data in force in the territory of the European Union, including the Data Protection Directive, the GDPR, the e-Privacy Directive and the e-Privacy Regulation;

“Model Clauses” mean the Standard Contractual Clauses between controllers and processors under Article 28 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council and Article 29 (7) of Regulation (EU) 2018/1725 of the European Parliament and of the Council, as adopted by the European Commission Implementing Decision of June 4, 2021; or alternatively the Standard Contractual Clauses (Controller to Processor) as set out in the European Commission Decision of 5 February 2010 (C (2010) 593), until such time as they are no longer valid on December 27, 2022;

“Regulator” means the data protection supervisory authority which has jurisdiction over a Data Controller’s Processing of Personal Data;

“Third Countries” means all countries outside of the scope of the data protection laws of the European Economic Area (“EEA”) and the United Kingdom, excluding countries approved as providing adequate protection for Personal Data by the European Commission from time to time, which at the date of this DPA include Andorra, Argentina, Canada (commercial organizations only), Faroe Islands, Guernsey, Isle of Man, Israel, Japan, Jersey, New Zealand, Switzerland, and Uruguay. Any capitalized terms used but not defined herein shall have the meaning given to them in the Agreement.

2. Processing of personal data

2.1 The Parties acknowledge and agree that with regard to the Processing of Personal Data, Client is the “Data Controller”, RaceMail is the “Data Processor” and that RaceMail will engage “Sub-Processors” pursuant to the requirements set forth in Section 8 below.

2.2 The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects Processed under this DPA are further specified in Schedule 1 “Processing Details” of this DPA.

2.3 The Data Processor shall only process the Personal Data on behalf of and in accordance with documented instructions from the Data Controller. The Parties agree that this DPA is Client’s complete and final instructions to RaceMail in relation to processing of Client Data. The Data Controller shall ensure that its instructions comply with all Applicable Data Protection Laws, and that the Processing of Personal Data in accordance with Data Controller’s instructions will not cause Data Processor to be in breach of the Applicable Data Protection Laws. The Data Controller shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which the Data Controller acquired Personal Data and shall establish the legal basis for Processing under Applicable Data Protection Laws.

2.4 Each Party will comply with all laws, rules and regulations applicable to it and binding on it in the performance of this DPA, including Applicable Data Protection Laws.

3. Authorized personnel

3.1 The Data Processor shall ensure that its personnel authorized to Process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. The Data Processor shall ensure that such confidentiality obligations survive the termination of the personnel engagement.

4. Rights of data subjects

4.1 The Data Processor shall, to the extent legally permitted, promptly notify the Data Controller if it receives a request from a Data Subject for access to its own Personal Data, or for the rectification or erasure of such Personal Data or any other request or query from a Data Subject relating to its own Personal Data (including Data Subjects’ exercising rights under Applicable Data Protection Laws, such as rights of objection, restriction of processing, data portability or the right not to be subject to automated decision making) (a “Data Subject Request”). Taking into account the nature of the Processing, the Data Processor shall assist the Data Controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Data Controller’s obligation to respond to a Data Subject Request under Applicable Data Protection Laws. In addition, to the extent the Data Controller, in its use of the Services, does not have the ability to address a Data Subject Request, the Data Processor shall upon Data Controller’s request provide commercially reasonable efforts to assist the Data Controller in responding to such Data Subject Request, to the extent the Data Processor is legally permitted to do so and the response to such Data Subject Request is required under Applicable Data Protection Laws. To the extent legally permitted, the Data Controller shall be responsible for any costs arising from the Data Processor’s provision of such assistance.

5. Government access requests

5.1 The Data Processor shall promptly notify the Data Controller about any legally binding request for disclosure of Personal Data by a law enforcement authority, unless otherwise prohibited from doing so. The Data Controller shall have the right to defend such action in lieu of and/or on behalf of the Data Processor. The Data Processor shall reasonably cooperate with the Data Controller in such defense.

6. Security

6.1 The Data Processor shall implement and maintain appropriate technical and organizational measures for protection of the security (including protection against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or access to, Personal Data), confidentiality and integrity of Personal Data.

7. Compliance

7.1 The Data Processor shall take reasonable efforts to make available to the Data Controller all information necessary to demonstrate compliance with the obligations laid down in this DPA and Applicable Data Protection Laws. Upon Data Controller’s request, the Data Processor shall provide the Data Controller with reasonable cooperation and assistance needed to fulfil Data Controller’s obligation under the GDPR to carry out a data protection impact assessment related to Data Controller’s use of the Services, to the extent the Data Controller does not otherwise have access to the relevant information, and to the extent such information is available to the Data Processor. The Data Processor shall provide reasonable assistance to the Data Controller in the cooperation or prior consultation with the Regulator in the performance of its tasks relating to Section 7 of this DPA, to the extent required under the GDPR and Applicable Data Protection Laws.

8. Sub-processing

8.1 The Data Controller agrees that the Data Processor may engage Sub-Processors to Process Personal Data. The Sub-Processors currently engaged by RaceMail and authorized by the Client are listed in Schedule 2 “List of Sub-Processors”

8.2 The Data Processor shall ensure that such Sub-Processor has entered into a written agreement requiring the Sub-Processor to abide by terms no less protective than those provided in this DPA. The Data Processor shall be liable for the acts and omissions of any Sub-Processors to the same extent as if the acts or omissions were performed by the Data Processor.

8.3 The Data Processor shall make available to the Data Controller a list of Sub-Processors authorized to Process Personal Data (“Sub-Processor List”, currently found in Schedule 2) and provide the Data Controller with a mechanism to obtain notice of any updates to the Sub-Processor List. Notification of a new Sub-Processor shall be issued prior to such new Sub-Processor being authorised to Process Personal Data in connection with the Agreement.

8.4 The Data Controller may object to Data Processor’s use of a new Sub-Processor where there are reasonable grounds to believe that the new Sub-Processor will be unable to comply with the terms of this DPA or the Agreement. If the Data Controller objects to Data Processor’s use of a new Sub-Processor, the Data Controller shall notify the Data Processor promptly in writing within ten (10) days after notification regarding such Sub-Processor. Data Controller’s failure to object in writing within such time period shall constitute approval to use the new Sub-Processor. The Data Controller acknowledges that the inability to use a particular new Sub-Processor may result in delay in providing the Services, inability to provide the Services or increased fees. The Data Processor will notify the Data Controller in writing (including by email) of any change to the Services or fees that would result from Data Processor’s inability to use a New Sub-Processor to which the Data Controller has objected. The Data Controller may either execute a written amendment to the Agreement implementing such change or exercise its right to terminate the Agreement in accordance with the termination provisions thereof. Such termination shall not constitute termination for breach of the Agreement. The Data Processor shall have a right to terminate the Agreement if the Data Controller unreasonably objects to a Sub-Processor, or does not agree to a written amendment to the Agreement implementing changes in fees or the Services resulting from the inability to use the Sub-Processor at issue. shall take reasonable efforts to make available to the Data Controller all information necessary to demonstrate compliance with the obligations laid down in this DPA and Applicable Data Protection Laws. Upon Data Controller’s request, the Data Processor shall provide the Data Controller with reasonable cooperation and assistance needed to fulfil Data Controller’s obligation under the GDPR to carry out a data protection impact assessment related to Data Controller’s use of the Services, to the extent the Data Controller does not otherwise have access to the relevant information, and to the extent such information is available to the Data Processor. The Data Processor shall provide reasonable assistance to the Data Controller in the cooperation or prior consultation with the Regulator in the performance of its tasks relating to Section 7 of this DPA, to the extent required under the GDPR and Applicable Data Protection Laws.

9. Return and deletion

9.1 The Data Processor shall, at the choice of the Data Controller, delete or return all the Personal Data to the Data Controller after the end of the provision of the Services relating to Processing, and delete existing copies of the Personal Data unless prohibited by law or the order of a governmental or regulatory body or it could subject the Data Processor to liability.

9.2 The Data Controller acknowledges and agrees that the Data Processor shall have no liability for any losses incurred by the Data Controller arising from or in connection with Data Processor’s inability to provide the Services as a result of Data Processor complying with a request to delete or return Personal Data made by the Data Controller pursuant to Section 9.1.

10. Data breach

10.1 In the event there is, or Data Processor reasonably believes that there is, any improper, unauthorized or unlawful access to, use of, or disclosure of, or any other compromise which affects the availability, integrity or confidentiality of Personal Data which is Processed by Data Processor under or in connection with this DPA and/or the Agreement (“Data Breach”), then upon becoming aware of such Data Breach, Data Processor shall promptly notify the Data Controller and provide the Data Controller with the following information as it becomes available:

  • a description of the nature of the Data Breach, including where possible the categories and approximate number of Data Subjects concerned;
  • the name and contact details of the Data Processor contact from whom more information can be obtained; and
  • a description of the measures taken or proposed to be taken to address the Data Breach, including, where appropriate, measures to mitigate its possible adverse effects.

10.2 The Parties agree to coordinate in good faith on developing the content of any related public statements and any required notices to the affected

Data Subjects and/or the relevant Regulators in connection with a Data Breach, provided that nothing in this Section 10.2 shall prevent either party from complying with its obligations under Applicable Data Protection Laws.

11. International transfers

11.1 The Data Processor will only process data in, or transfer Personal Data to, a Third Country where such processing or transfer takes place based and in compliance with the Model Clauses, with the processing details that comprise Appendix 1 to the Model Clauses, and the technical and organizational security measures that comprise Appendix 2 to the Model Clauses. The Data Processor shall comply with the obligations of the data importer and Data Controller shall comply with the obligations of the data exporter as set out in the Model Clauses.

11.2 Where the Data Processor appoints an affiliate or third-party Sub-Contractor to process Personal Data in a Third Country, the Data Processor must ensure that such processing takes place in accordance with the requirements of the Applicable Data Protection Laws. The parties agree that Personal Data may be transferred to an affiliate or third-party Sub-Contractor in the United States who agrees to process Personal Data according to the Model Clauses.

Schedule 1: Processing details

Processing Activities
‍The Personal Data Processed by Data Processor will be subject to the following basic Processing activities:
‍Provision of the Services, as outlined in the Agreement and as otherwise agreed upon by the Parties.

‍Duration
The Personal Data Processed by Data Processor will be Processed for the following duration:
‍The length of the Term of the Agreement between Data Controller and Data Processor.

‍Data Subjects
The Personal Data Processed by Data Processor concern the following categories of Data Subjects:
‍Clients and their Subscribers, as those terms are defined in the Agreement or the RaceMail Privacy Policy at https://racemail.ca/legal/privacy-policy, and RaceMail website visitors.

Categories of Data
‍The Personal Data Processed by Data Processor includes the following categories of data:
‍
‍Client information:
– Contact information (First name, Last name, Phone, Email)
– Address (includes civic address, city / town, postal code, country)
– Invoicing and billing information (credit card holder name, number, expiration date, CVV number and billing address)
‍
Subscriber information:
– First name, Last name
– Email

Analytics information:
– Unique analytics identifiers
– IP addresses
‍
Advertising information:
– Unique advertising identifiers

‍Special Categories of Data (if applicable)
‍
The Personal Data Processed by Data Processor concern the following special categories of data:
‍‍None by default.

Schedule 2: List of sub-processors

‍Amazon AWS (hosting, storage of Personal Data)
Canada
‍https://aws.amazon.com/privacy/

Stripe (payment processing)
United States
https://stripe.com/privacy

Freshsales (CRM)
United States
‍https://support.freshsales.io/support/solutions/articles/233227-privacy-policy

eHawk  (Anti spam or fraud detection)
United States
‍https://www.ehawk.net/support/privacy/index.php

Postmastery (Delivery data analytics)
Netherlands
‍https://www.postmastery.com/privacy-statement/

250ok  (Delivery data analytics)
United States
‍https://www.validity.com/privacy-policy/

Typeform (collection of Personal Data)
United States
‍https://admin.typeform.com/to/dwk6gt/

Zendesk (CRM and Client support via email and chat)
United States
‍https://www.zendesk.com/company/agreements-and-terms/privacy-policy/

Olark (CRM and Client support)
United States
https://www.olark.com/privacy-policy

Leadinfo (CRM)
United States
https://www.leadinfo.com/en/privacy/

OVH (data processing, storage)
Canada
https://www.ovh.com/ca/en/support/privacy-policy.xml

iWeb (data processing)
Canada
https://iweb.com/legal/privacy

Slack (client support via chat)
United States
https://slack.com/legal

Google Cloud (storage, database processing), Google (mail), Google (analytics), Google (advertising)
United States
https://policies.google.com/privacy

Amplitude (analytics)
United States
https://amplitude.com/privacy

Segment (analytics)
United States
https://segment.com/legal/privacy/

AppCues (onboarding optimization)
United States
https://www.appcues.com/privacy

PartnerStack (affiliation program management)
United States
https://partnerstack.com/policies#privacy-policy

Contacts and permissions

Before adding new recipients to your contact list, you need to ensure that you have the proper permission for each and every recipient on your list. Why? Without proper permission, you run the risk of getting reported for spam, or worse, being sued or facing monetary penalties under anti-spam laws.

The basic principle of permission is that you can only email people who have explicitly given you permission to contact them, and only about subjects that they have specifically agreed to. Failure to ensure that all your recipients fall into the “Acceptable Use” category below will result in immediate termination of your account.

Acceptable Use

Explicitly opted in with you online

Each recipient subscribed to your list online and opted in for one or several types of mailings, for example by clicking one or more subject-related checkboxes that were unselected by default. Co-registration on a partner’s site is OK as long as there are separate opt-in options for each list and it is clear to users that they are subscribing to your list. If you haven’t sent the recipient email in over 6 months, we recommend a reintroduction message reminding them what they subscribed to, and when.

Explicitly opted in with you offline

Recipient completed your offline form, survey or participated in your contest and gave their express permission to be contacted by email about specific subject(s), for example by ticking an empty checkbox.

Gave you their business card

If it’s absolutely clear that by giving their card the recipient would be added to a list with a particular subject matter, you have permission. We recommend an introductory message reminding them what they subscribed to, and when.

Explicitly opted in for the subject you are contacting them about

When opting in, it should be clear to the recipient what the nature of the mailings will be. For example, just because someone opted in for updates about a specific product doesn’t mean you can also add them to your general newsletter or promotional mailings for other products.

You have implied consent through an existing business relationship

You must obtain explicit consent from these recipients within 6 (six) months if they have not effected a purchase with your business or within 2 (two) years if they have effected a purchase with your business.

Unacceptable Use

Email address copied from the Internet or other source

Just because someone published an email address online, in a directory or on a business card, doesn’t mean they’ve given permission to be added to your mailing list. No email sent to recipient’s address in over 2 years. Even when proper permission is granted, it doesn’t last forever. When too much time goes by, people forget they opted in and will consider your email to be spam. The industry norm is that permission expires after 2 years of no contact.

Email address obtained from a third party

If you purchased, rented, borrowed or otherwise acquired a list from another party, even if it’s an opt-in list, the recipients didn’t give their permission to hear from you specifically.

Recipient is a customer but hasn’t opted in

Just because someone was your customer doesn’t give you explicit permission to send them email marketing messages. They would first have to opt in for the specific subject about which you are contacting them.

Email address is generic and used by several people

You cannot email to generic email addresses like sales@domain.com, admin@domain.com or webmaster@domain.com because they are often role-based and the users of such addresses change frequently. The only exception to this rule would be if you knew the recipient and were sure that it was their permanent individual email address.

Email address is a distribution list or mailing list

You cannot send email to any address that forwards to more than one person because it is impossible to determine whether all recipients have given permission, and there is no way for them to unsubscribe individually.

Mandatory content

 Every email you send using RaceMail must include the following:

  • A unsubscribe link that instantly removes the subscriber from your list
  • The name and physical address of the sender

Compliance under Canada’s Anti-Spam Law (“CASL”)

If you send emails to Canadian recipients, whether you are located in Canada or not, as of July 1, 2014 you may be subject to An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (informally known as Canada’s Anti-Spam Law, CASL).

If you send Commercial Electronic Messages to Canadian recipients, you are most likely subject to CASL regulation. Commercial Electronic Messages (“CEM”s) are defined as any electronic messages including emails which encourage participation in a commercial activity, without regard to an expectation of profit. There are certain exceptions, but they are limited. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER THE EMAILS YOU SEND USING RACEMAIL ARE SUBJECT TO CASL REGULATION. Failure to comply with CASL may result in severe administrative monetary penalties (up to $10,000,000 for organizations).

As specified in the Terms of Use, RaceMail shall in no way be held responsible for your violation(s) of CASL. If you are unsure whether your emails are subject to CASL, we suggest you consult an attorney. More information about CASL generally can also be found in RaceMail’s Knowledge Base and at the Government of Canada’s Anti-Spam website. Compliance under CASL is more stringent than under other anti-spam laws, and more stringent than the general guidelines given further up in this Policy.

As a general rule, to be compliant under CASL you must: (1) have obtained valid consent to send a recipient a CEM and (2) your CEM must contain certain information, including an unsubscribe mechanism with certain requirements. To visit the CRTC Anti-Spam portal, please visit: http://fightspam.gc.ca To get more information about the CAN-SPAM Act, visit https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business To get more information about the EU Data Protection Reform, visit http://ec.europa.eu/justice/data-protection/reform/index_en.htm.

Valid Consent under CASL

When collecting an email address (for example via a web form or paper form) for your mailing list, the following information must be present for the consent to be valid under CASL:

  • The name of person or organization asking for consent;
  • The specific purpose for which you are obtaining consent (e.g. “receive offers from Company Name”, “Receive Company Name’s newsletter”);
  • A notice that the subscriber can withdraw their consent at any time; and
  • Contact information, which must include a physical mailing address AND an electronic communications method, whether email or phone or a web page contact form. A hyperlink to a web page with all this contact information is acceptable.

If you are seeking consent on behalf of another organization, that third party organization must be identified as well.

Content Requirements for a CEM under CASL

Every CEM sent must include the following information:

  • The name of the person or organization sending the CEM, or if the CEM is being sent on behalf of another person / organization, the name of the person / organization on whose behalf the CEM is sent;
  • If the CEM is sent on behalf of another person / organization, a statement saying so;
  • Contact information, which must include a physical mailing address AND an electronic communications method, whether email or phone or a web page contact form. A hyperlink to a web page with all this contact information is acceptable; and A valid unsubscribe mechanism.

If you are seeking consent on behalf of another organization, that third party organization must be identified as well.

Valid Unsubscribe Mechanism

In order for the unsubscribe mechanism to conform to CASL requirements, it must:

  • Enable the recipient (at no cost) to readily remove themselves from the mailing list;
  • Stay valid for a minimum of 60 days after the CEM has been sent; and
  • Process requests without delay and be effective not more than 10 business days after the request is made.

If you use the unsubscribe mechanism provided by RaceMail, it will conform to these requirements. If you have determined that your emails are subject to CASL regulation, you must adhere to all these requirements.

Other Anti-Spam Legislation

Depending on where you operate, you may be subject to additional anti-spam laws in force in certain countries. It is your responsibility to determine whether you are subject to your national anti-spam legislation, and if you are, to be compliant with said legislation. As outlined in the Terms of Use, RaceMail shall in no way be held responsible for your violation of any anti-spam law which may be applicable to you, and may terminate your account for violation(s) of said laws.

Unsubscribe

If you have received an email from one of our clients and wish to be unsubscribed, please forward it to abuse@racemail.ca.

1. Important Notice

The RaceMail Application is released to you under the RaceMail Application License Agreement by Race Data 2013 Inc., 2300 Boulevard Alfred-Nobel, Bureau 100, Montreal, Quebec, Canada, H4S 2A4. The RaceMail Application is protected by copyright and other applicable laws. All rights relating to the RaceMail Application are to be exercised in compliance with this license agreement. Any use of the RaceMail Application not complying with the terms of this license is prohibited.

By exercising on the RaceMail Application any right granted to you by this license, you are representing that you have read, understood, and agree to be bound by these terms. RaceMail is granting these rights to you in counterpart to your agreement of the following terms and conditions. All the rights that are not explicitly granted in this license agreement are reserved by RaceMail.

2. Definitions

  • “Contribution” means any original software, or part of the software, submitted by the owner of its copyright in order to be incorporated in the RaceMail Application.
  • “Software” means the distinct and original computer program(s), as well as the associated documentation and interfaces.
  • “Collective Work” means software including distinct components from different copyright owners or associating the RaceMail Application to parts of the software from different copyright owners.
  • “Derivative Work” means a distinct software created from or incorporating the RaceMail Application or any major part of the RaceMail Application.
  • “Propagation”, means the presentation, the communication, the publication, or the process of making the software accessible to the public by any means.
  • “Copy” means the duplication of the software on any support.
  • “Use” means the consultation, the usage, the execution of the software.
  • “You” means any individual or a legal entity exercising the rights granted by this license agreement.

3. Copywrite License

Subject to the conditions of this license agreement (see section 4. below), RaceMail is granting you a non-exclusive and royalty-free license allowing you to exercise the following rights on the RaceMail Application:

  • Use the software, reproduce it, incorporate it in one or several collective works and use the software as it is integrated into those collective works;
  • Create and reproduce derivative works;
  • Propagate the software or derivative works. This license is granted to you without any territorial or time limitation.

This license is granted to you without any territorial or time limitation.

4. Conditions

You can exercise the rights specified above as long as you comply with the following conditions:

  • You are required to join a copy of this License with every copy of the RaceMail Application;
  • When you modify the RaceMail Application, you are required to emphasize those modifications by adding one or several notices to this effect in the source code of the software;
  • You are required to exclusively exercise your rights in the RaceMail Application in conjunction with the RaceMail API (application programming interface). Interaction between the RaceMail Application and any other email marketing platform, software, or service is prohibited;
  • You are required to maintain an active subscription contract with RaceMail in good standing;
  • You are not allowed to modify or remove the information notices about copyright in the source code of the RaceMail Application. However, you may remove all branding Information from the HTML output of the RaceMail Application, including any logo, hyperlinks, copyright notice, domain name, or any other reference to RaceMail or the RaceMail Application. Each time you propagate the RaceMail Application, or a derivative work, RaceMail is providing a license under the same terms and conditions to each recipient.

Each time you propagate the RaceMail Application, or a derivative work, RaceMail is providing a license under the same terms and conditions to each recipient.

5. Contributions

Contributors who submit their contributions to RaceMail transfer all of their rights in their respective contributions to RaceMail and such contributions are automatically subject to this license.

RaceMail also withholds all of its rights on its software and on its own contributions to it. All the contributions provided by RaceMail might not be subjected to this license. RaceMail is reserving its right to submit some of its own contributions to the terms of this license, to the terms of any other license, or not to license them.

Except for express stipulation to the contrary from your part, any contributions that you submit to RaceMail for inclusion in the RaceMail Application will be submitted to the terms of this license, without any other conditions. However, if your contributions are covered by a specific license agreed to this effect, the terms of this specific license will prevail over the preceding sentence.

6. Warranty Disclaimer

EXCEPT WHERE A WRITTEN AGREEMENT WITH YOU TO THE CONTRARY EXIST, RaceMail PROPAGATE THE RaceMail APPLICATION “AS IS”. RaceMail IS NOT MAKING ANY REPRESENTATION AND IS NOT GIVING ANY EXPRESS, TACIT, REGULATORY, OR ANY OTHER WARRANTY ABOUT THE RaceMail APPLICATION, SPECIFICALLY IN RELATION WITH ITS OWNERSHIP, ITS CONDITIONS OF MERCHANTABILITY, THE ADEQUACY OF THE WORK FOR A PARTICULAR END, ANY LATENT DEFECTS OR OTHERS TYPES OF DEFECTS, ITS ACCURACY OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER THEY CAN BE DETECTED OR NOT.

7. Limitation of Liability

WITH RESERVE FOR OBLIGATIONS SPECIFIED BY THE APPLICABLE LAW, IN NO CASE WILL RaceMail BE LIABLE TO YOU, WHATEVER THE LEGAL DOCTRINE INVOKED, FOR PERSONAL, DIRECT, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES FOR AN INJURY RESULTING FROM THIS LICENSE OR THE USE OF THE RaceMail APPLICATION, EVEN IF RaceMail WAS ADVISED OF THE POSSIBILITY THAT THIS TYPE OF INJURY COULD OCCUR.

8. Termination

This license is automatically terminated if you fail to comply with its terms and if you fail to rectify the situation thirty days after becoming aware of the infringement. However, any license relating to the RaceMail Application or derivative works received from you by third parties in accordance with the rights granted in this license will not be terminated, as long as those third parties fully comply with its terms. The renunciation by RaceMail to any failure on your part to comply with the terms of this license does not imply a renunciation to any subsequent failure.

9. License Versions

RaceMail can propagate modified or revised versions of this license from time to time. Each version will receive a unique number. If the RaceMail Application is licensed to you under a specific version of the license, you can choose to continue to exercise your rights under the conditions of this version. You can also choose to exercise your rights under the conditions of any subsequent version of this license.

10. General

 

  • This license does not create any legal or official partnership or association between you and RaceMail, and you are not authorized to make any claim to the contrary.
  • This license is governed and construed by the law in force in the province of Quebec, Canada, and the courts from the Montreal judicial district are exclusively designated by the parties to hear any resulting litigation.
  • This license can be translated into multiple languages. In case of variation between the various linguistic versions, the English version is preceding.