Use of services
Compliance with applicable regulations
Each party declares that it will comply with the regulations applicable to its activities.
In general terms, the user guarantees that the information sent via Smart Business Canada’s services does not contravene any applicable statutory or regulatory provisions or the provisions of any international agreement, particularly those in force in Canada, in the country in which the user operates and in the country of residence of the people on the distribution lists, or the rights of any third party.
For information purposes only and without this list being exhaustive, the sending of emails and SMS to customers is subject to the following rules:
- United States: Telemarketing Sales Rule, Federal Telephone Consumer Protection Act, Can-Spam-Act.
- In France: articles L.34-5 of the Postal and Electronic Communications Code and L.21-34-1-1 of the Consumer Code.
- In Italy: Codice in Materia di Protezione dei Dati Personali
- In Spain: the Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico and the Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal.
- In the United Kingdom: The Privacy and Electronic Communications (EC Directive) Regulations 2003.
In Canada: Canada’s anti-spam legislation (CASL)
The user’s intellectual property rights
The user authorizes Smart Business Canada to use his/her name, brand and visual identity solely for the purposes of carrying out its services.
The user guarantees Smart Business Canada:
- that he/she has the full power and authority to use and grant intellectual and industrial property rights and that these rights are in no way assigned, compromised, encumbered or attributed to a third party;
- that he/she has not and will not, through assignment to a third party or any other means, undertake any action likely to compromise the use of intellectual or industrial property rights;
- that he/she has not and will not introduce into his/her campaigns any sequence, reproduction or resemblance likely to violate third party rights;
- that no litigation or lawsuit has been filed or is pending that would compromise intellectual property rights.
Moreover, the user undertakes to protect Smart Business Canada from any complaint by a third party or any accusation made against it arising from the failure to abide by this article.
SendinBlue’s intellectual and industrial property rights
All programs, services, processes, designs, software, technology, brands and trademarks, and inventions that appear on the website, are accessible via the website or via Smart Business Canada’s services are the property of Smart Business Canada or its licensors.
The user undertakes not to use, in any way, shape or form, the website, services or any of the above-mentioned items for purposes other than those foreseen in the present document.
Protection of third party personal data
The use of Smart Business Canada’s services by subscribers to these services is strictly personal and may not be rented out or transferred to a third party free of charge or for a fee.
Any use of services that is liable to damage, disable or overload Smart Business Canada’s infrastructure or the networks connected to Smart Business Canada servers, or hamper the use of the service for other users, is prohibited.
Any unauthorized attempt to access services, other accounts, IT systems or other networks connected to a Smart Business Canada server or one of its services by hacking or any other means is prohibited.
The use of services with the aim of selling products or services related to illegal or fraudulent activities or encouraging such activities, in particular but not limited to illegal drug-related activities, hacker programs, instructions for assembling or creating bombs, grenades or other weapons, material containing violence against children or encouraging violence is prohibited.
Any use of services that contravene the regulations applicable to telemarketing, email marketing, anti-spam, anti-phishing and personal data protection is prohibited.
Any use of services that violates third party rights is prohibited.
In the event of non-compliance with this article, Smart Business Canada reserves the right to immediately block the user from accessing its services and delete all of the information in his/her account without notice, refund, or other compensation.