AdRoll Email Services Addendum
This AdRoll Email Service Addendum (“AdRoll Email Addendum”) supplements the AdRoll, Inc. (“AdRoll”) Terms of Service (“Terms”) and together the Terms and this AdRoll Email Addendum govern your use of the AdRoll Email services.
1. Additional Definitions:
“Emails” means emails that you create using the AdRoll Email services which will be sent by an email service provider (“ESP”) that you currently use or that AdRoll uses on your behalf (depending on your implementation), triggered by criteria that you create using the AdRoll Email services.
“Email Addresses” means functional end user email addresses collected through the AdRoll Email service that AdRoll provides to an ESP to send the Emails on your behalf.
2. AdRoll Email Service Description. Through the AdRoll Email service, Email Addresses are collected by AdRoll from your website through the AdRoll pixel and any required integration steps performed by you. Email Addresses will be associated with AdRoll cookies, or other tracking devices, so that emails can be triggered to segments of your site visitors. AdRoll agrees to provide the AdRoll Email Services to you as more specifically set out here: AdRoll Email Product Documentation.
End User Consent. You represent and warrant that you have obtained all permissions (e.g. opt-in consent) from your users as may be required by applicable law, regulation or self regulatory industry guidelines to:
- allow AdRoll to send commercial emails on your behalf for any Email Addresses that are collected in connection with the AdRoll Email services,
- allow AdRoll to collect and use the Email Addresses for the AdRoll Email Services, and
- allow AdRoll to collect and use hashed versions of the Email Addresses for AdRoll’s business purposes in accordance with AdRoll’s Service Privacy Notice.
If any permissions are withdrawn, or an opt-out or unsubscribe is received by you during the course of receiving AdRoll Email Services or you become aware that any Email Addresses are inaccurate, you will immediately remove affected Email Addresses from the AdRoll Email service either by updating your unsubscribe list in your ESP integration or by notifying AdRoll Email.
Email Content. Any text, images, or other content you provide or AdRoll utilizes as part of the AdRoll Email services that will be included in the Emails will be considered Client Content as set forth in the Terms.
Compliance with Law. You will adhere to all applicable laws and self regulatory industry guidelines regarding your use of the AdRoll Email services, including without limitation, CAN SPAM (US Federal Law), CASL (Canada), Spam Act 2003 (Australia), and E-Privacy Directive (EU) as well as any other ones relating to privacy, data protection, and electronic communication. Specifically you shall be responsible for providing any headers, footers or other disclosures in emails to be compliant with applicable law as well as a working unsubscribe mechanism and processing and honoring any opt-out/unsubscribe.
While AdRoll may provide tools and documentation in the AdRoll Email service designed to help you comply, this does not discharge you of your legal obligations to comply with applicable privacy, anti-spam and direct marketing laws. It is your responsibility to seek independent legal advice on how to comply with these laws.
To the extent allowed by law, you agree you are the sole “sender” or “initiator” of the Emails for purposes of US CAN SPAM or similar laws in other jurisdictions.
Fees. AdRoll’s fees for the AdRoll Email services are described here AdRoll may cancel AdRoll Email service either for you or entirely at any time for any reason without notice to you.
Indemnity. In addition to any indemnity obligations in the Terms, you will defend, indemnify, and hold harmless AdRoll and its officers, directors, employees and subsidiaries from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim by a third party regarding the following:
- your use of the AdRoll Email service in breach of the Terms (including this Addendum);
- your breach of any law, including laws relating to privacy and spam; and
- the use by AdRoll of any data collected or obtained by AdRoll in connection with the provision of the AdRoll Email service for the uses and purposes set out in clause 4.
NO WARRANTY: To the maximum extent permitted by law, we provide the AdRoll Email service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.
4. AdRoll Responsibilities:
Use of Email Addresses. Except as otherwise described in this Addendum, AdRoll will only use Email Addresses for the purpose of providing the AdRoll Email services. AdRoll will not disclose Email Addresses to any third party, other than in connection with performing the services or if required to comply applicable law or as otherwise described in the AdRoll Services Privacy Notice.
AdRoll may collect hashed versions of the Email Address and use these hashed Email Addresses as well as any other data about your use of the AdRoll Email service for any purpose as allowed for by AdRoll’s Service Privacy Notice including after you stop using the AdRoll Email service. The hashed Email Addresses is Service Data as defined in the Terms.
Security. AdRoll will provide appropriate security to protect Email Addresses while in AdRoll’s possession.
5. Governing Terms. The existing AdRoll Terms of Service (available at http://www.adroll.com/about/terms) and our Privacy Notice (available at http://www.adroll.com/about/privacy) will continue in effect and will govern this AdRoll Email Addendum. The parties agree to include the AdRoll Email service in the definition of AdRoll Services as set forth in the AdRoll Terms of Service. If there is any conflict between the AdRoll Terms of Service and this AdRoll Email Addendum, the terms of this AdRoll Email Addendum will rule.