5. Your Responsibilities and Compliance with Laws
You are responsible for all activity that occurs within your Account(s). You shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data; (b) prevent unauthorized access to, or use of, the Application Services, and notify SproutLoud promptly of any such unauthorized access or use; and (c) pay all local and state Use, Sales or Value-Added Taxes as a result of any purchases of Marketing Services on this site.
You represent and warrant that your use of the Services will comply with all applicable laws and regulations. You are responsible for determining whether the Services are suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Services, then we won’t be liable if the Services doesn’t meet those requirements. You may not use the Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.
You shall not upload Protected Health Information if you have not entered into a Business Associate Agreement with SproutLoud.
If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or order and use Marketing Services to anyone located in the EEA (each such Member an “EEA Member”) including the collection and distribution of information of EEA members via the Application Services, or creating and sending marketing messages, you represent and warrant to SproutLoud that:
2.) You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to SproutLoud and to enable such data to be lawfully collected, processed, and shared by SproutLoud for the purposes of providing the Service or as otherwise directed by you.
3.) You will comply with all laws and regulations applicable to the Marketing Services ordered by you, including those relating to (a) acquiring consents (where required) to lawfully engage in Marketing Services including the sending of marketing messages and tracking thereof.
5.) You will sign and return SproutLoud’s Data Processing Addendum, which sets out your and SproutLoud’s obligations with respect to data protections and security when processing personal information. Once signed, the Data Processing Addendum will form part of and be incorporated into the Agreement. Please contact SproutLoud at [email protected] for the Data Processing Addendum.
In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You understand and acknowledge that: (i) SproutLoud, in its reasonable discretion, may refuse to distribute any message content that SproutLoud reasonably believes is defamatory, infringing, or otherwise unlawful; and (ii) SproutLoud, in its reasonable discretion, may refuse to distribute any email to any recipient that SproutLoud reasonably believes has not granted permission (or otherwise “opted-in”) to You to send such message(s) or that SproutLoud reasonably believes is unlawful.
Enrollment into marketing services on the Engine must be accurate and complete. You shall update enrollment information as necessary to keep it accurate and complete. You shall not misrepresent Your identity, the identity of Your authorized Users of the Engine, Your ownership of, and authority to act on behalf of, Your company, or any other enrollment information or information provided by You subsequent to the enrollment. Failure to provide accurate and complete information may result in the termination of Your ability to use the Engine and to receive services.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 5.