ZeroBounce is a leading online email validation system created to ensure that companies sending complex and high volume emails avoid deliverability issues. The system works by reducing and eliminating invalid, abuse, complaint, inactive, and spam-trap email addresses. These are email addresses that will either bounce or contribute to ruining your sending reputation. ZeroBounce also provides IP address validation and verification of key recipient demographics and has the ability to add missing information on certain emails, such as the name, gender and location of the owner.
We created a guide to help you navigate everything you need to be aware of when sending emails. It's the most comprehensive guide you'll find on the internet and we offer it for free, without any restrictions. You can read it here: THE COMPLETE GUIDE TO IMPROVE INBOX AND DELIVERABILITY
ZeroBounce is the most secure email validation system you can find. For us, the protection of your data comes first, so we don't cut cost in keeping it safe. We are registered with the BBB and approved for the EU Privacy Shield. We maintain enterprise contracts with all of our vendors, we operate our own data center and own our servers and hardware. We don't use third-party services, like Amazon, Azure, and other cloud services providers, to store your data.
We'll get you up and validating with us really fast! Simply click this link for a walk-through on our validation service: Validation Process
- Florida : 1489 W Palmetto Park Rd, 5th Floor, Boca Raton, Florida, 33486, US.
- California : 10 E Yanonali St, Santa Barbara, CA, 93101, US
- Sales : 1-888-500-9521 (9-5 PST)
- Email : firstname.lastname@example.org
- Technical Support 24/7 (only via email) : email@example.com
Support Options: https://www.zerobounce.net/contact-us.html
At ZeroBounce, we take data protection very seriously and we are committed to keep your information safe from harm. We are using one of the most efficient content delivery network systems in the world, supported by CloudFlare. This system ensures additional defense against cyber attacks and data breaches, thanks to the Advanced Firewall. Furthermore, we are one of the few email verification services that use a military grade encryption algorithm to safeguard your files and personal information. Whenever you upload a file on our server, we encrypt it using a unique key. Once our email verifier validates that file, we re-encrypt it and protect it with a password that only you have access to. This additional step keeps your data secure during the process of email validation.
At ZeroBounce we go out of our way to protect your data and we developed advanced defense mechanisms against misuse, loss, unauthorized access and improper disclosure. We want to provide the same security that we would want for ourselves. Our customers feel safe knowing that the best email verification service is also the most secure.
You can find the official policy here: https://www.zerobounce.net/privacy-policy.html
For your convenience, below is a copy: (for official use, please use the official version).
Participation in eu-u.s. Privacy shield and swiss-u.s. Privacy shield
Information collection practices
Taffic Data Collected:
ZeroBounce may store information that Your computer provides to us in connection with Your use of the Site and\/or Services, such as: 1) IP address; 2) domain servers; 3) type of computer or device accessing the Site; and 4) types of web browsers used to access the Site (collectively, “Traffic Data”). Traffic Data is anonymous information that does not personally identify You but is helpful for marketing purposes or for improving Your experience on the Site. ZeroBounce may also store usage data such as the date and time the Site and Services are accessed, and what information and files have been downloaded. When You visit the Site or otherwise interact with the Services, ZeroBounce may send one or more “cookies” to Your computer. Cookies are alphanumeric identifiers stored on Your computer through Your web browser and are used by most websites to personalize Your web experience. Some cookies may facilitate Site features for enhanced performance and functionality such as remembering preferences, analyzing usage for Site optimization, and providing custom content. ZeroBounce may link the information it stores in cookies to any Personal Information You submit through the Site or Services.
Prsonal Information Collected:
ZroBounce may use your Personal Information to:
Opting-out of future contacts
You can do the following at any time by contacting us via our website:
We take precautions to protect Your information. We maintain our Site and Services and all associated data with technical, administrative, and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification, and improper disclosure.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. While we use encryption to protect sensitive information transmitted online, we also protect Your information offline. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If a security breach causes an unauthorized intrusion into our Site or Services that materially affects You or Your Personal Information, we will attempt to notify You as soon as possible.
We will retain Your Personal Information for as long as needed to provide the Services, unless a longer retention period is required or permitted by law.
The Site and Services are controlled and operated by United States from the country of United States, and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By using the Site and Services, You consent to the transfer of such information to countries outside of Your country of residence, including the United States, which may have different data protection rules than those of Your country.
ZeroBounce has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU Privacy Shield, operated by the Council of Better Business Bureaus, an alternative dispute resolution provider located in the United States, to address complaints and provide appropriate recourse free of charge to the individual. If You do not receive timely acknowledgment of Your complaint from us, or if we have not resolved Your complaint, please contact or visit http://www.bbb.org/EU-privacy- shield/for-eu- consumers for more information and to file a complaint. The services of the BBB EU Privacy Shield are provided at no cost to You. ZeroBounce is subject to the investigatory and enforcement powers of the Federal Trade Commission (“FTC”), or any other U.S. authorized statutory body. The FTC has jurisdiction over ZeroBounce’s compliance with the Privacy Shield.
The place of arbitration shall be the United States, and in person participation will not be required. Irrespective of the outcome of arbitration, each party shall bear its own attorneys’ fees. The arbitrator(s) has the authority to impose individual-specific, non-monetary equitable relief necessary to remedy any violation of the Privacy Shield Principles only with respect to the individual. Section C of Annex I to the Privacy Shield Principles contains more details regarding initiating arbitration proceedings and can be reviewed at https://www.privacyshield.gov/article?id=ANNEX-I- introduction.
BY USING THE SITE OR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT
By submitting Your information to ZeroBounce through the Site or Services, You provide Your affirmative consent that ZeroBounce and its associates may collect, use, and disclose any information submitted or collected through the Site or Services; that ZeroBounce and its associates may contact You via any contact method You provide, including email; and that ZeroBounce may disclose Your contact information to third-parties, and that such third-parties may contact You via email. We will communicate with You by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
When accessing the Site or using the Services, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ZeroBounce or its content suppliers and is protected by international copyright laws. The compilation of all content on this Site is the exclusive property of ZeroBounce, with copyright authorship by ZeroBounce, and protected by copyright laws. You may not use any ZeroBounce logo or other proprietary graphic or trademark without express written permission.
Except for the limited license expressly granted herein to use the Site and Services, ZeroBounce expressly reserves all right, title and interest in and to the Site and Services and all processing, analytics, data and other software and technology used by ZeroBounce in the provision of the Services, including, without limitation, any derivatives, improvements, enhancements or extensions of the Site and Services conceived, reduced to practice or otherwise developed by or on behalf of ZeroBounce, all of which are valuable assets of ZeroBounce, together with any copyright, patent or trademark or other intellectual property rights, or federal or state rights, pertaining thereto.
Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by ZeroBounce or by any third party. ZeroBounce's trademarks and trade dress may not be used in connection with any product or service that is not ZeroBounce’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZeroBounce or the Site or Services. You recognize and acknowledge the validity and ownership of the ZeroBounce’s trademarks and trade dress in the United States and other countries. You agree not to contest the ownership of such marks.
Your User Account
In order to utilize the Services, You must register and create an account. In order to create an account, You must provide ZeroBounce with complete and accurate information as prompted by the registration form, including an email address and password. If You use the Site and Services, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Any reference in these Terms to Your access or use of the Services is deemed to include access or use by affiliates and end users, and any act or omission of an affiliate or end user that does not comply with these Terms will be deemed a breach of these Terms by You. You will ensure that Your account and use of the Site and Services complies with all the provisions of these Terms and any applicable local, state, national and foreign laws. You agree to notify ZeroBounce immediately of any unauthorized use of Your account or any other breach of security. If You create an account on behalf of an entity, these Terms bind both You and the entity.
License and Site Access
You have sole responsibility for the accuracy and quality of any data submitted by You and Your affiliates to the Site or Services (“Your Data”) and for ensuring that Your collection and use of Your Data complies with all applicable laws. You hereby represent and warrant that the You will comply with all U.S. and foreign laws, rules, regulations, and industry standards and guidance applicable to Your use of the Site and Services, and use of any validated emails obtained through the Services, including, but not limited to, abiding by all applicable Federal Trade Commission, Federal Communications Commission, U.S. Food and Drug Administration, or analogous state rules or regulations relating to online advertising, business opportunities, dietary supplements, commercial electronic mail, telemarketing, endorsements, or health or medical claims. You further represent and warrant that You will comply with all applicable U.S. laws and regulations in the use and storage of the validated emails obtained through the Services, including but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. §§ 227 et seq. (“TCPA”), the Federal Trade Commission Act (“FTC Act”), all FTC rules, regulations, and guidelines, the Child Protection and Obscenity Enforcement Act, 18 U.S.C. §§ 2257 (“Section 2257”), the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101 et seq., and the CAN-SPAM Act of 2003, as amended, together with any similar state laws.
ZeroBounce grants You a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of zerobounce.net. Any unauthorized use terminates the permission or license granted by ZeroBounce. Subject to Your compliance with these Terms, and Your payment of all applicable fees, ZeroBounce hereby grants You a limited, revocable, non-exclusive, non-transferable license to use the Services solely for Your own individual purposes. This license is automatically terminated if You violate any of these Terms.
Except as expressly set forth herein, You must not do, or permit others to do, any of the following:
Use, copy, reproduce, modify, or create derivative works of the Site, Services, or any content; Resell information obtained through use of the Site or Services; Download or copy any information for the benefit of another individual or entity; Transfer, lease, lend, sublicense, resell or otherwise distribute or allow third party access to any portion of the Site or Services, including, but not limited to, by sharing Your access username and/or password; Reverse engineer, decompile or disassemble the Site or Services or convert them to any other format or medium; Remove, obscure, or alter any legal notices, including any notices of intellectual property rights appearing in the Services; Make any changes to the content of the Services; Bypass, modify, defeat, or circumvent security features that protect the Services; Use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Services; Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, extract, acquire, copy or monitor the Services or any portion thereof, without our express written consent, which may be withheld in our sole and absolute discretion; Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of zerobounce.net without the express written consent of ZeroBounce; Use any meta tags or any other “hidden text” utilizing ZeroBounce’s name or trademarks without the express written consent of ZeroBounce; Violate or attempt to violate the security of ZeroBounce's networks or servers, including but not limited to accessing data not intended for You or logging into a server or account which You are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; and/or interfering or attempting to interfere with service to any user, host or network, including by means of submitting a virus to the Site or Services, overloading, flooding, spamming, mail bombing or crashing; Use the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; Forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or Modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ZeroBounce in providing the Site or Services. Any violation of system or network security may subject You to civil and/or criminal liability. ZeroBounce reserves the right, with or without notice, to terminate the account of any persons that violate these Terms, violate any party’s intellectual rights, misuse the Site or Services, or otherwise engage in inappropriate conduct, as determined by ZeroBounce in its sole discretion.
ZeroBounce may in its sole discretion offer the Services for free or on a reduced basis, in a limited form, through a special offer, or on an otherwise trial basis. With the exception of such special offers, as a condition of Your use of the Services, You must purchase credits and/or otherwise prepay via the Site. The current pricing structure is set forth on the Site at Zerobounce Pricing (or any other URL as specified by ZeroBounce), as may be updated by ZeroBounce. ZeroBounce may change the fees for the Services at any time and from time to time, effective immediately upon Your receipt of notice of such fee change; provided, that, such fee changes will only be effective as to usage of the Services thereunder that occur after the effective date of the relevant fee change. Unless otherwise stated, all fees are stated in U.S. Dollars. All sales/prepayments for credits made to ZeroBounce are final and non-refundable.
In addition to the fees, You shall also be responsible for all taxes assessed in connection with the Services, including any foreign, federal, state, or local taxes and charges assessed in connection with the Services, including, without limitation, all governmental excise, use, sales, value-added, and occupational taxes and other fees, or other similar surcharges and levies (including, without limitation, universal service fund charges or equivalents), but excluding any taxes based on a Party's net income ("Taxes"). You agree that You are solely responsible for collection and payment of any and all Taxes that You are required to pay to any taxing authority in connection with Your use of the Services, and You shall indemnify us for any losses, liabilities, costs, and expenses incurred as a result of a breach by You of this section.
By providing any credit card information, You represent that You are authorized to use the card and authorize ZeroBounce to charge the card for any fees. By submitting payment information, You authorize ZeroBounce to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by ZeroBounce for purposes of acknowledging or completing any payment. All credit/charge card payments are subject to authorization by the card issuer. If Your payment is not authorized, we will cancel Your order (and notify You that we have done so). With the exception of special offers, access to the Services will only be made available to You once You have purchased credits.
You may also utilize the “AutoPay” feature to enable the automatic purchase a set amount of credits when Your balance dips below a set amount of credits. You have the option to set the particular number of credits that You would like to automatically purchase and to also set the lowest credit balance number before the automatic purchase is triggered. When Your credit balance falls below the amount You set, a charge equivalent to the cost for the number of credits You elect shall be automatically placed against Your credit card. If ZeroBounce is unable to charge Your credit card and all Your credits have been utilized, ZeroBounce shall suspend Your account. In such instance, Your account will remain suspended until the issue is resolved and updated credit card information is received.
Third Party Services and Sites
ZeroBounce may use or provide access to one or more third parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third parties is controlled by the terms and conditions imposed by those third parties. Any disputes arising from a third party's services must be resolved directly between You and the third party. ZeroBounce disclaims all warranties or representations regarding any third party services.
ZeroBounce cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data or other interruptions in the Site or Services. ZeroBounce does not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any data or communications. Your use of third party offerings is at Your own risk and is subject to any additional terms, conditions, and policies applicable to such third party offerings.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY ZEROBOUNCE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZEROBOUNCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES OFFERED THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZEROBOUNCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZEROBOUNCE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ZEROBOUNCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZEROBOUNCE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES; OR THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ACKNOWLEDGE THAT AN INTERRUPTION IN THE SITE OR SERVICES DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF ZEROBOUNCE SHALL BE CONSIDERED A FORCE MAJEURE EVENT. FURTHER, ZEROBOUNCE DISCLAIMS ALL RESPONSIBILITY, WARRANTIES, AND LIABILITY FOR DELAY, INTERRUPTION, OR INEFFICIENCY ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR THAT OF ANY OTHER THIRD PARTY.
ZEROBOUNCE’S LIABILITY TO YOU IS LIMITED. IN NO EVENT SHALL ZEROBOUNCE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LAST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES). THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify ZeroBounce for certain of Your acts and omissions. You agree to indemnify, defend, and hold harmless ZeroBounce, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Site, Your violation of these Terms, or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity. ZeroBounce will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
By visiting the Site, You agree that the laws of United States, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and ZeroBounce or its associates. You hereby irrevocably consent to the exclusive jurisdiction of the courts of Clark County, Nevada for all disputes arising out of or related to the use of the Site or Services.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
ZeroBounce may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site and/or the Services; (c) discontinue the Site and/or Services at any time; and (d) change, suspend, or discontinue any features, components, or functions of the Site and Services at any time. ZeroBounce shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, You shall abide by any such revision.
BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
To contact ZeroBounce with any inquiries or complaints, including anything regarding our Terms, click on the "Help" button on the bottom of the site.
You can find the official Terms and Conditions here: https://www.zerobounce.net/terms-of-use.html
For your convenience, bellow is a copy: (for official use, please use the official version).
ZEROBOUNCE - TERMS AND CONDITIONS OF USE IMPORTANT – READ CAREFULLY: BY CLICKING THE “I agree with the terms and conditions” CHECKBOX, OR BY ACCESSING OR OTHERWISE USING ANY PART OF THE ZEROBOUNCE HOSTED SERVICE PROVIDED HEREWITH, YOU EXPRESSLY AGREE TO BE BOUND BY, AND STRICTLY ADHERE TO, ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE ZEROBOUNCE HOSTED SERVICE.
The Terms and Conditions of Use Agreement (“Agreement”) is entered on today’s date (the “Effective Date”), by and between Hertza L.L.C., a Nevada limited liability company with its principal place of business at 10 E. Yanonali St., Santa Barbara, California 93101 (“Provider”), and you (“Customer”). Each party is individually referred to in this Agreement as a “Party” and collectively as the “Parties.”
In consideration of the benefits and obligations exchanged in this Agreement, the Parties agree as follows:
“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control of Customer. “Agreement” means these terms and conditions of use. “Content” means the information, documents, spreadsheets, and products made available to Customer through the ZeroBounce Hosted Service. “Customer Data” means any data, information, or material provided by Customer to the ZeroBounce Hosted Service. “ZeroBounce Hosted Service” means Provider’s online service accessed via the Site, including the ZeroBounce API software, and the Content which Customer is being granted access to under this Agreement. “Intellectual Property Rights” means patent rights, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and trade secret rights, and all other intellectual property rights, derivatives thereof as well as other forms of protection of a similar nature. “Provider Technology” means all Provider proprietary technology made available to Customer in providing the ZeroBounce Hosted Service. “Site” means www.ZeroBounce.net.
2. License Grant & Restrictions.
Subject to Customer’s material compliance with this Agreement and payment of all fees and charges related to use of the ZeroBounce Hosted Service, Provider hereby grants Customer a revocable, non-exclusive, and non-transferable, worldwide right to use the ZeroBounce Hosted Service, solely for its own internal business purVaposes and use. The license granted hereunder permits Customer to upload Customer Data to the ZeroBounce Hosted Service and download files provided to Customer via the ZeroBounce Hosted Service containing Customer Data. Customer retains all rights in any use of files downloaded via the ZeroBounce Hosted Service which contain Customer Data. Customer agrees not to: (i) license, sublicense, sell, resell, transfer, assign, distribute, provide access to, or otherwise make the ZeroBounce Hosted Service available to any third party; (ii) modify or make derivative works based upon the ZeroBounce Hosted Service; or (iii) decompile, disassemble, or reverse engineer the ZeroBounce Hosted Service, or permit or assist any third party to do so. Customer will not: (i) knowingly use the ZeroBounce Hosted Service or Provider’s Proprietary Technology to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (ii) knowingly send or store infringing, obscene, libelous or otherwise unlawful or tortious material to the ZeroBounce Hosted Service; (iii) knowingly upload, or otherwise send or store material containing viruses, worms, Trojan horses or other harmful computer code, files, or programs to or from the ZeroBounce Hosted Service; (iv) interfere with or disrupt the integrity or performance of the ZeroBounce Hosted Service; (v) attempt to gain unauthorized access to the ZeroBounce Hosted Service or its systems or networks; or (vi) use the ZeroBounce Hosted Service in violation of applicable law.
3. Customer Responsibilities.
Customer is responsible for all activity occurring under Customer’s account and will abide by all applicable laws, treaties and regulations in connection with its use of the ZeroBounce Hosted Service. Customer accepts full responsibility for its use of the ZeroBounce Hosted Service and any results obtained from such use, including but not limited to any actions taken with its Customer Data after use of the ZeroBounce Hosted Service.**
4. Customer Data.
5. Use of Identifying Information.
Customer consents to being identified by Provider as a customer on the Site and on any of Provider’s promotional material. Customer further consents to Provider’s use of its logo for such limited purposes.
6. Intellectual Property Ownership.
Provider owns all right, title and interest, including all related Intellectual Property Rights, in and to the Provider Technology, Content and the ZeroBounce Hosted Service. Provider expressly reserves all right, title, and interest in and to the Provider Technology, Content and the ZeroBounce Hosted Service, including, without limitation, any derivatives, improvements, enhancements or extensions conceived, reduced to practice or otherwise developed by Provider, together with any Intellectual Property Rights, or federal or state rights, pertaining thereto. Provider also expressly reserves any and all rights not expressly and explicitly granted in this Agreement, including, but not limited to, its right to license the Provider Technology, Content, and ZeroBounce Hosted Service. This Agreement is not a sale and does not convey any rights of ownership in the ZeroBounce Hosted Service. Customer’s rights hereunder are strictly limited as set forth herein. Customer acquires no right, title, or interest therein other than the right to use the ZeroBounce Hosted Service in accordance with this Agreement.
Customer acknowledges that the Provider Technology, Content and the ZeroBounce Hosted Service contain valuable trade secrets and confidential information (“Confidential Information”) of Provider, including but not limited to, the architecture and functionality of such Provider Technology, Content and the ZeroBounce Hosted Service; and the appearance, organization, design, content, and flow of the ZeroBounce Hosted Service. Customer agrees not to share, disclose or transfer, and not to permit a third party to share, disclose or transfer any of Provider’s Confidential Information. The Parties will use reasonable diligence and in no event less than the degree of care which the Parties will use in respect to their Confidential Information to prevent the unauthorized disclosure, reproduction or distribution of such Confidential Information to any other individual, corporation or entity. Such Confidential Information will exclude: (a) information that is already in the public domain; (b) information already known to the receiving party, as of the date of the disclosure, unless the receiving party agreed to keep such information in confidence at the time of its original receipt; (c) information hereafter obtained by the receiving party, from a source not otherwise under an obligation of confidentiality with the disclosing party; (d) information independently developed without any reference to Confidential Information; and (e) information that the receiving party is obligated to produce under order of a court of competent jurisdiction, provided that the receiving party promptly notifies the disclosing party of such an event so that the disclosing party may seek an appropriate protective order.
9. Charges and Payment of Fees.
Customer is responsible for payment of all fees and charges in accordance with the pricing terms shown on www.zerobounce.net/#pricing. Zero Bounce may change the fees for the ZeroBounce Hosted Service at any time and from time to time, effective immediately upon Customer’s receipt of notice of such fee change; provided, that, such fee changes will only be effective as to usage of the ZeroBounce Hosted Service that occurs after the effective date of the relevant fee change. Unless otherwise stated, all fees are stated in U.S. Dollars. Customer will pay Provider in advance for use of the ZeroBounce Hosted Service, by purchasing credits, unless other terms are agreed upon by the Parties. All sales/prepayments for credits made to Zero Bounce are final and non-refundable. By providing any credit card information, Customer represents that it is authorized to use the card and authorizes Provider to charge the card for any fees. By submitting payment information, Customer authorizes Provider to provide that information to third parties for purposes of facilitating payment. Customer agrees to verify any information requested by Provider for purposes of acknowledging or completing any payment. All credit/charge card payments are subject to authorization by the card issuer. If Customer’s payment is not authorized, Provider will cancel the order (and notify you that we have done so). With the exception of special offers, access to the ZeroBounce Hosted Services will only be made available to Customer upon its purchase of credits.
A Party may immediately terminate this Agreement for any reason or no reason at all. Customer may terminate this Agreement at any time by discontinuing its use of the ZeroBounce Hosted Service. Any breach of Customer’s payment obligations or unauthorized use of the ZeroBounce Hosted Service will be deemed a material breach of this Agreement. Provider may terminate this Agreement, Customer’s account, or Customer’s use of the ZeroBounce Hosted Service if in Provider’s sole discretion, Customer commits a material breach of this Agreement or otherwise fails to comply with this Agreement. In the event of such termination, Customer will not be entitled to any refund whatsoever.
11. Representations & Warranties.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Provider represents and warrants that: (a) it has the right and authority to make the ZeroBounce Hosted Service available to Customer as authorized expressly by this Agreement; (b) it will provide the ZeroBounce Hosted Service in a manner consistent with general industry standards; (c) it will use best efforts to detect software viruses and other undesirable components and will promptly take all reasonable steps to remove or neutralize any such components; and (d) it will use leading commercial encryption technology designed to encrypt Customer Data in its possession.
12. Mutual Indemnification.
Customer will indemnify, defend and hold Provider, and each such party’s affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with: (a) a claim by a third party alleging that Customer’s use of the Customer Data or ZeroBounce Hosted Service, provided in any such case that Provider (i) promptly gives Customer written notice of the claim; (ii) gives Customer sole control of the defense and settlement of the claim; and (iii) provides Customer all available information and assistance. Provider will indemnify, defend and hold Customer and Customer affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with: (a) a claim by a third party alleging that the ZeroBounce Hosted Service directly infringes an Intellectual Property Right of a third party; provided that Customer (i) promptly give written notice of the claim to Provider; (ii) give Provider sole control of the defense and settlement of the claim; and (iii) provides Provider all available information and assistance.
THE REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT ARE PROVIDER’S COMPLETE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES. PROVIDER DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND GUARANTIES OF ANY KIND. EXCEPT AS PROVIDED HEREIN, THE ZEROBOUNCE HOSTED SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES AS TO TITLE OR INFRINGEMENT OR THIRD PARTY RIGHTS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE ZEROBOUNCE HOSTED SERVICE. PROVIDER DOES NOT WARRANT THAT ACCESS TO OR USE OF THE ZEROBOUNCE HOSTED SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. PROVIDER EXPRESSLY DISCLAIMS ANY INDEMNIFICATION FOR ANY CLAIMS OR ACTIONS BROUGHT AGAINST CUSTOMER BASED ON, OR AS A RESULT OF, OR IN CONNECTION WITH ANY INACCURACY, OMISSION, DEFECT OR MISTAKE IN THE ZEROBOUNCE HOSTED SERVICE, OR CUSTOMER’S USE THEREOF.
14. Limitation of Liability.
EXCEPT FOR CLAIMS ARISING UNDER A PARTY’S OBLIGATIONS OF CONFIDENTIALITY OR INDEMNIFICATION UNDER THIS AGREEMENT, NEITHER PARTY’S AGGREGATE LIABILITY WILL EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO PROVIDER IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND ARISING FROM CUSTOMER’S USE OF THE ZEROBOUNCE HOSTED SERVICE.
Provider may give notice to Customer by means of an electronic mail to Customer’s e-mail address on record with Provider.
Provider reserves the right to alter or revise the terms of this Agreement by giving Customer thirty (30) days’ notice of the changes to be made. Customer’s continued use of the ZeroBounce Hosted Service following after changes become effective mean that You have accepted the revised terms. If Customer does not agree to accept the changes, Customer’s sole remedy shall be to discontinue its use of the Software.
17. Force Majeure.
Notwithstanding anything herein to the contrary, the Parties shall not be liable for any delays or failure in performance caused by circumstances beyond the reasonable control of the non-performing party, such as wars or insurrections, acts of government, strikes, fires, floods, earthquakes, work stoppages, and/or embargoes.
18. Relationship of Parties.
No joint venture, partnership, employment, or agency relationship exists between Customer and Provider as a result of this Agreement.
This Agreement may not be assigned by either party without the prior written consent of the other party, which will not be unreasonably withheld, but may be assigned without the other party’s consent to (i) a parent or subsidiary; (ii) an acquirer of assets or equity; or (iii) a successor by merger. Any purported assignment in violation of this section will be void.
20. Governing Law and Arbitration.
This Agreement shall be construed in accordance with and governed by the laws of the state of Nevada, without regard to principles of conflict of laws. Except for injunctive relief claims related to data or privacy breaches, any claim or controversy arising out of or relating to this Agreement, or the breach thereof, and/or the use of the ZeroBounce Hosted Service shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. In no event shall the arbitrator(s) have any authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys’ fees, and an equal share of the arbitrator(s)’ fees and administrative fees of arbitration. The arbitrator(s) shall not determine or award any alternative allocation of costs and expenses, including any attorneys’ fees.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect.
The failure of Provider to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Provider in writing.
No amendment or modification of any provision of this Agreement shall be effective unless in writing and executed by both parties.
24. Entire Agreement.
This Agreement comprises the entire agreement between Customer and Provider and supersedes all prior or contemporaneous negotiations, discussions or agreement, whether written or oral, between the parties regarding the subject matter contained herein.
BY CLICKING THE “I agree with the terms and conditions” CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE AGREEMENT ABOVE. IF YOU REJECT THE PROPOSED TERMS ABOVE, YOU WILL BE DENIED ACCESS TO THE ZEROBOUNCE HOSTED SERVICE.
Acceptable Use and Anti-Abuse Policy
Zerobounce is committed to protecting consumer privacy while recognizing the importance of the open internet and free flow of information and data. Zerobounce provides various tools to validate data (the “Services”) and expects that those Services will only be used for lawful and legitimate purposes.
The purpose of this Acceptable Use and Anti-Abuse Policy is to outline the acceptable use of the Zerobounce Services. This policy applies to all uses of the Services and any interaction with Zerobounce’s systems, interface, network and database.
The following activities are, in general, prohibited. Under no circumstances are any customers of Zerobounce authorized to use the Services to:
- engage in any activity that is illegal under local, state, federal or international law;
- send unsolicited email messages in violation of applicable law, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam);
- engage in any form of harassment, discrimination or other abusive behavior;
- breach or invade the privacy rights of any natural person;
- engage in phishing (any activity designed to trick persons into divulging sensitive data such as usernames, passwords, or financial data); or
- engage in any other activity generally deemed to be internet abuse.
Zerobounce reserves the right to refuse service to any person or company, for any reason, including but not limited to, any customer or potential customer that Zerobounce suspects will use or has used the Services in violation of this policy and may terminate your access to the Services at any time in its sole discretion. In the event Zerobounce suspects its Services have been, or will be, used for any purpose that is in violation of the law or this policy, Zerobounce reserves the right to disclose all available information to law enforcement or government officials.
Reports of abuse should be sent to firstname.lastname@example.org.
PDF Version: Data Processing Agreement
Data Processing Agreement
The company who will electronically sign this Data Processing Agreement (hereinafter to be referred to as: the “Data Controller”),
Hertza, L.L.C., DBA ZeroBounce, a Nevada limited liability company, having its principal place of business at 10 E. Yanonali St., Santa Barbara, California 93101 (hereinafter to be referred to as: the “Data Processor”).
HEREBY AGREE AS FOLLOWS:
1. Subject matter of this Data Processing Agreement
This Data Processing Agreement applies exclusively to the processing of personal data that is subject to EU Data Protection Law in the scope of the Terms and Conditions of Use Agreement of even date hereof between the parties for the provision of the ZeroBounce services (“Services”) (hereinafter to be referred to as: the “Service Agreement”).
The term EU Data Protection Law shall mean Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Terms such as “Processing”, “Personal Data”, “Data Controller” and “Processor” shall have the meaning ascribed to them in the EU Data Protection Law.
Insofar as the Data Processor will be processing Personal Data subject to EU Data Protection Law on behalf of the Data Controller in the course of the performance of the Service Agreement with the Data Controller the terms of this Data Processing Agreement shall apply. The categories of Personal Data to be processed includes: first name; last name; gender; city; state; country; Internet Protocol (IP) Address information; and email addresses. The types of data subjects who information will be processed are individuals. The purposes for which the personal data will be processed includes: validation of email lists for deliverability; and removal of known email complainers, abusers and spam traps from email address lists.
2. The Data Controller and the Data Processor
The Data Controller will determine the scope, purposes, and manner by which the Personal Data may be accessed or processed by the Data Processor. The Data Processor will process the Personal Data only as set forth in Data Controller’s written instructions.
The Data Processor will only process the Personal Data on documented instructions of the Data Controller in such manner as – and to the extent that – this is appropriate for the provision of the Services, except as required to comply with a legal obligation to which the Data Processor is subject. In such a case, the Data Processor shall inform the Data Controller of that legal obligation before processing, unless that law explicitly prohibits the furnishing of such information to the Data Controller. The Data Processor shall never process the Personal Data in a manner inconsistent with the Data Controller’s documented instructions. The Data Processor shall immediately inform the Data Controller if, in its opinion, an instruction infringes this Regulation or other Union or Member State data protection provisions.
The Parties have entered into a Service Agreement in order to benefit from the expertise of the Processor in securing and processing the Personal Data for the purposes set out in Section 1.4. The Data Processor shall be allowed to exercise its own discretion in the selection and use of such means as it considers necessary to pursue those purposes, subject to the requirements of this Data Processing Agreement.
Data Controller warrants that it has all necessary rights to provide the Personal Data to Data Processor for the Processing to be performed in relation to the Services. To the extent required by Applicable Data Protection Law, Data Controller is responsible for ensuring that any necessary data subject consents to this Processing are obtained, and for ensuring that a record of such consents is maintained. Should such a consent be revoked by the data subject, Data Controller is responsible for communicating the fact of such revocation to the Data Processor, and Data Processor remains responsible for implementing any Data Controller instruction with respect to the further processing of that Personal Data.
Without prejudice to any existing contractual arrangements between the Parties, the Data Processor shall treat all Personal Data as strictly confidential and it shall inform all its employees, agents and/or approved sub-processors engaged in processing the Personal Data of the confidential nature of the Personal Data. The Data Processor shall ensure that all such persons or parties have signed an appropriate confidentiality agreement, are otherwise bound to a duty of confidentiality, or are under an appropriate statutory obligation of confidentiality.
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, without prejudice to any other security standards agreed upon by the Parties, the Data Controller and Data Processor shall implement appropriate technical and organizational measures to ensure a level of security of the processing of Personal Data appropriate to the risk. These measures shall include as appropriate:
measures to ensure that the Personal Data can be accessed only by authorized personnel for the purposes set forth in Section 1.4 of this Data Processing Agreement;
in assessing the appropriate level of security account shall be taken in particular of all the risks that are presented by processing, for example from accidental or unlawful destruction, loss, or alteration, unauthorized or unlawful storage, processing, access or disclosure of Personal Data;
the pseudonymization and encryption of personal data;
the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
the ability to restore the availability and access to personal data in a timely manner in the event of physical or technical incident;
a process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing of Personal Data;
measures to identify vulnerabilities with regard to the processing of Personal Data in systems used to provide services to the Data Controller; or
ZeroBounce takes the following security measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access: * ZeroBounce is an active participant in the EU-US Privacy Shield Program; * ZeroBounce has restricted access to two personnel members with the ability to directly access files containing personal information on ZeroBounce servers; * The ZeroBounce support team does not have access to CloudFlare; * All data uploads and downloads sent between ZeroBounce and its customers flow through third party CloudFlare’s servers; * CloudFlare is an active participant in the EU-US Privacy Shield Program; * CloudFlare maintains its own security protections to block threats and limit abusive bots and crawlers. See https://support.cloudflare.com/hc/en-us/articles/205177068-Step-1-How-does-Cloudflare-work- * Any information that is uploaded by a ZeroBounce customer to ZeroBounce.net is transmitted via SSL through CloudFlare, and all files are stored in an encrypted file using a standard algorithm for protection of stored data defined by IEEE P1619 on ZeroBounce servers; and * All files are sent to ZeroBounce customers encrypted, with a password via a separate email
The Data Processor shall at all times have in place an appropriate written security policy with respect to the processing of Personal Data, outlining in any case the measures set forth in Article 4.1.
At the request of the Data Controller, the Data Processor, shall demonstrate the measures it has taken pursuant to this Article 4 shall allow the Data Controller to audit and test such measures. The Data Controller shall be entitled on giving at least 14 days’ notice to the Data Processor to carry out, or have carried out by a third party who has entered into a confidentiality agreement with the Data Processor, audits of the Data Processor’s premises and operations as these relate to the Personal Data. The Data Processor shall cooperate with such audits carried out by or on behalf of the Data Controller and shall grant the Data Controller’s auditors reasonable access to any premises and devices involved with the Processing of the Personal Data. The Data Processor shall provide the Data Controller and/or the Data Controller’s auditors with access to any information relating to the Processing of the Personal Data as may be reasonably required by the Data Controller to ascertain the Data Processor’s compliance with this Data Processing Agreement.
5. Improvements to Security
The Parties acknowledge that security requirements are constantly changing and that effective security requires frequent evaluation and regular improvements of outdated security measures. The Data Processor will therefore evaluate the measures as implemented in accordance with Article 4 on an on-going basis and will tighten, supplement and improve these measures in order to maintain compliance with the requirements set out in Article 4. The Parties will negotiate in good faith the cost, if any, to implement material changes required by specific updated security requirements set forth in applicable data protection law or by data protection authorities of competent jurisdiction.
Where an amendment to the Service Agreement is necessary in order to execute a Data Controller instruction to the Data Processor to improve security measures as may be required by changes in applicable data protection law from time to time, the Parties shall negotiate an amendment to the Service Agreement in good faith.
6. Data Transfers
The Data Processor shall immediately notify the Data Controller of any (planned) permanent or temporary transfers of Personal Data to a country outside of the European Economic Area without an adequate level of protection and shall only perform such a (planned) transfer after obtaining authorization from the Data Controller, which may be refused at its own discretion. The Data Controller grants its consent to transfers to the United States.
To the extent that the Data Controller or the Data Processor are relying on a specific statutory mechanism to normalize international data transfers that is subsequently modified, revoke, or held in a court of competent jurisdiction to be invalid, the Data Controller and the Data Processor agree to cooperate in good faith to promptly terminate the transfer or to pursue a suitable alternate mechanism that can lawfully support the transfer.
7. Information Obligations and Incident Management
When the Data Processor becomes aware of an incident that impacts the Processing of the Personal Data that is the subject of the Service Agreement, it shall promptly notify the Data Controller about the incident, shall at all times cooperate with the Data Controller, and shall follow the Data Controller’s instructions with regard to such incidents, in order to enable the Data Controller to perform a thorough investigation into the incident, to formulate a correct response, and to take suitable further steps in respect of the incident.
The term “incident” used in Article 7.1 shall be understood to mean in any case:
a complaint or a request with respect to the exercise of a data subject’s rights under EU Data Protection Law;
an investigation into or seizure of the Personal Data by government officials, or a specific indication that such an investigation or seizure is imminent;
any unauthorized or accidental access, processing, deletion, loss or any form of unlawful processing of the Personal Data;
any breach of the security and/or confidentiality as set out in Articles 3 and 4 of this Data Processing Agreement leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the Personal Data, or any indication of such breach having taken place or being about to take place;
where, in the opinion of the Data Processor, implementing an instruction received from the Data Controller would violate applicable laws to which the Data Controller or the Data Processor are subject.
The Data Processor shall at all times have in place written procedures which enable it to promptly respond to the Data Controller about an incident. Where an incident is reasonably likely to require a data breach notification by the Data Controller under applicable EU Data Protection Law, the Data Processor shall implement its written procedures in such a way that it is in a position to notify the Data Controller no later than 24 hours of having become aware of such an incident.
Any notifications made to the Data Controller pursuant to this Article 7 shall be addressed to the Data Protection Officer or other employee of the Data Controller whose contact details are provided during the registration process, and shall contain:
a description of the nature of the incident, including where possible the categories and approximate number of data subjects concerned and the categories and approximate number of Personal Data records concerned;
the name and contact details of the Data Processor’s data protection officer or another contact point where more information can be obtained;
a description of the likely consequences of the incident; and
a description of the measures taken or proposed to be taken by the Data Processor to address the incident including, where appropriate, measures to mitigate its possible adverse effects.
8. Contracting with Sub-Processors
The Data Controller authorizes the Data Processor to engage the sub-processors in the country locations for the Service-related activities specified as described in Section 1.4. Data Processor shall inform the Data Controller of any addition or replacement of such sub-processors giving the Data Controller an opportunity to object to such changes.
Notwithstanding any authorization by the Data Controller with the meaning of the preceding paragraph, the Data Processor shall remain fully liable vis-à-vis the Data Controller for the performance of any such sub-processor that fails to fulfill its data protection obligations.
The consent of the Data Controller pursuant to Article 8.1 shall not alter the fact that consent is required under Article 6 for the engagement of sub-processors in a country outside the European Economic Area without a suitable level of protection.
The Data Processor shall ensure that the sub-processor is bound by the same data protection obligations of the Data Processor under this Data Processing Agreement, shall supervise compliance thereof, and must in particular impose on its sub-processors the obligation to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of EU Data Protection Law.
The Data Controller may request that the Data Processor audit a sub-processor or provide confirmation that such an audit has occurred (or, where available, obtain or assist customer in obtaining a third-party audit report concerning the sub-processor’s operations) to ensure compliance with its obligations imposed by the Data Processor in conforming with this Data Processing Agreement
9. Returning or Destruction of Personal Data
Upon termination of this Data Processing Agreement, upon the Data Controller’s written request, or upon fulfillment of all purposes agreed in the context of the Services whereby no further processing is required, the Data Processor shall, at the discretion of the Data Controller, either delete, destroy, or return all Personal Data to the Data Controller and destroy or return any existing copies.
The Data Processor shall notify all third parties supporting its own processing of the Personal Data of the termination of the Data Processing Agreement and shall ensure that all such third parties shall either destroy the Personal Data or return the Personal Data to the Data Controller, at the discretion of the Data Controller.
10. Assistance to Data Controller
The Data Processor shall assist the Data Controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Data Controller’s obligation to respond to request for exercising the data subject’s rights under the GDPR.
The Data Processor shall assist the Data Controller in ensuring compliance with the obligations pursuant to Section 4 (Security) and prior consultations with supervisory authorities required under Article 36 of the GDPR taking into account the nature of processing and the information available to the Data Processor.
The Data Processor shall make available to the Data Controller all information necessary to demonstrate compliance with the Data Processor’s obligations and to allow for and contribute to audits, including inspections, conducted by the Data Controller or another auditor mandated by the Data Controller.
11. Liability and Indemnity
The Data Processor indemnifies the Data Controller and holds the Data Controller harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the Data Controller and arising directly or indirectly out of or in connection with a breach of this Data Processing Agreement and/or the Applicable Data Protection Law by the Data Processor. The Data Controller indemnifies the Data Processor and holds the Data Processor harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the Data Processor and arising directly or indirectly out of or in connection with a breach of this Data Processing Agreement and/or the Applicable Data Law by the Data Controller.
12. Duration and Termination
This Data Processing Agreement shall come into effect on the date the Data Controller electronically signs this Data Processing Agreement.
Termination or expiration of this Data Processing Agreement shall not discharge the Data Processor from its confidentiality obligations pursuant to Article 3.
The Data Processor shall process Personal Data until the date of termination of the Service Agreement, unless instructed otherwise by the Data Controller, or until such data is returned or destroyed on instruction of the Data Controller.
In the event of any inconsistency between the provisions of this Data Processing Agreement and the provisions of the Service Agreement, the provisions of this Data Processing Agreement shall prevail.
This Data Processing Agreement is governed by the laws of the state of Nevada in the United States. Any disputes arising from or in connection with this Data Processing Agreement shall be brought exclusively before the competent court in Las Vegas, Nevada.
In order to accommodate the needs of our larger partners, we offer Enterprise Plans that come with additional benefits.
Some of these benefits include:
- Designated Business & Technical Support
- Custom agreements
- Mutual Non-disclosure agreements
- Pricing benefits
What are the requirements for Enterprise Plans?
Enterprise customers will meet with an account manager, then agree to terms regarding minimum monthly service expectations.