Allgemeine Geschäftsbedingungen (AGB)
Regeln und Richtlinien für die Nutzung unserer Dienste.
Regeln und Richtlinien für die Nutzung unserer Dienste.
Welcome to the Wild Mail Terms & conditions!
These terms & conditions explain how Wild Mail works, what you can expect from us, and what we expect from you. By using our services, you agree to follow these terms, which help keep everything clear and fair for everyone.
Please read them carefully, and if you have any questions, feel free to reach out via support@wildmail.io!
Definitions: for the provisions of these Terms and Conditions, the following expressions will have the meaning detailed as follows.
Wild Mail: a tool designed for professionals and businesses to create email marketing campaigns and manage sales using a CRM (Customer Relationship Management). It is powered by ActiveCampaign, for which Wild Audience is an official reseller. Depending on the plan you choose, we also offer additional services to enhance your experience. You can find more details on our website: https://www.wildmail.io/.
Plan/s: pre-established set/s of Wild Mail functionalities and/or services that the Customer may contract in accordance with the price and other conditions associated with it/them.
WILD AUDIENCE, “we” or “us”, indistinctly: company owner of Wild Mail and official authorized white label reseller of ActiveCampaign software, whose full details are given below.
Customer, “you” or “your”, indistinctly: professional or company that contracts a Wild Mail Plan with WILD AUDIENCE.
Contact/s: natural person/s or legal entity/s included by the Customer in its database in Wild Mail for the purpose of using this tool for the indicated purposes.
User/s or Seat/s, indistinctly: users authorized by the Customer to use his/her/its Wild Mail account according to the contracted Plan.
1. Identification of the parties:
The Wild Mail service provider is the company WILD AUDIENCE, S.L., with registered office at Ronda Sant Pere, 52, 08010, Barcelona (Spain), with NIF number: B67376772 (VAT number: ESB67376772), duly registered in the Commercial Register of Barcelona, in volume 46.777, folio 25, section 8, page B-530.564, hereinafter, WILD AUDIENCE.
WILD AUDIENCE can be contacted directly and effectively at the e-mail address: support@wildmail.io.
If you contract the services of Wild Mail, you will have the status of Customer and with the acceptance of these Terms and Conditions, you declare to have read and understood their contents, to be of legal age, with the capacity to bind you in accordance with the provisions herein, in your own name and right or in the name and on behalf of any natural or legal person, private or public, legally constituted with the will to contract Wild Mail for a purpose related to your commercial activity, business, trade or profession.
Certain aspects of the service may be subject to certain special conditions, which, depending on the case, will replace, complete and/or modify these terms and conditions. In case of contradiction, these particular conditions shall prevail.
2. Object:
The purpose of this document is to establish the contracting conditions of the Wild Mail services offered by WILD AUDIENCE against payment of a price and in accordance with the rest of the clauses that compose it.
The Customer contracts Wild Mail for a certain number of Contacts and Users (Seats) to be selected during the electronic contracting process, the price of the service being higher the more Contacts and/or Users are contracted by the Customer.
The following is a description of the services that may be included in the Wild Mail Plans.
2.1. Marketing Services:
Marketing services are provided through ActiveCampaign functionalities and depending on the Plan contracted by the Customer may consist of all or some of the following functionalities:
Email Marketing & Marketing Automation: automation of email marketing campaigns with the ability to segment recipients and use pre-designed templates available in Wild Mail. Customize emails with the drag-and-drop designer, send SMS messages and, if the contracted plan allows it, integrate other software.
Forms: unlimited form creation and online integration, as a modal or pop-up on a website, depending on the contracted plan.
Site and Event Tracking: tracking of pages visited by Contacts.
API & Webhooks: the API can be used to enter data in Wild Mail, create campaigns and perform external analysis. Webhooks allow you to receive real-time data updates on contact and campaign activity.
Landing Pages: creation of sales-optimized landing pages with the drag-and-drop designer.
Predictive Sending with Artificial Intelligence (AI): sending emails at the ideal time, based on data previously collected and calculated by Wild Mail's AI. AI functions are not infallible, may not work as expected and may generate incorrect information. You should not rely on AI functions and their use is at your own risk.
A/B Testing Automations: allows you to create two types of splits within an automation: a conditional split and an equal split (traditional A/B testing).
Integrations: connections that allow Wild Mail to communicate and work in conjunction with other applications and services. These integrations are designed to enhance ActiveCampaign functionality through Wild Mail, simplify workflows, and allow data to flow seamlessly between different tools you use.
Examples of common Integrations:
E-commerce: Shopify, WooCommerce, BigCommerce.
CRM: Salesforce, Microsoft Dynamics 365.
Lead Generation: Facebook and Instagram Leads Ads.
In order to perform the integrations must be available in the corresponding Wild Mail Plan and the Customer must have contracted the application they wish to integrate with Wild Mail.
On-Site Messaging: ability to reach Contacts with messages when they are on the Customer's website.
Attribution Reports: summary of conversion trends. Allows you to see the value of a Contact's activity over time and identify the most effective touch points.
Conversions: adds values to the lead score based on activities and behaviors, allowing to investigate the values represented by the contacts.
Accounts: allows grouping contacts that are part of the same organization.
Custom Reports: help analyze information and answer specific questions about data or activities. These reports can be saved, accessed at any time, shared with other users or downloaded. Data is updated once a day.
Custom Objects: templates or schemas that define a set of related fields. Wild Mail offers standard objects (contacts, deals and accounts) and custom objects.
Single Sign-On (SSO): Wild Mail, using ActiveCampaign, offers Single Sign-On (SSO) functionality to simplify and secure access to your platform. The Customer only needs to remember one set of credentials to access all applications and services integrated with Wild Mail and ActiveCampaign, eliminating the need for multiple logins.
Uptime SLA: availability of all key Wild Mail functionality with ActiveCampaign's 99.9% minimum uptime guarantee, ensuring that services are available and running most of the time. Includes constant monitoring of systems and services to detect and resolve potential problems before they affect the Customer, with regular reporting on service uptime, allowing the Customer to review and verify compliance with the uptime SLA.
Marketing services may undergo configuration modifications, determined by ActiveCampaign, without WILD AUDIENCE having control over such modifications.
2.2. Sales Services (CRM):
Sales services are provided through ActiveCampaign's CRM and depending on the Plan contracted by the Customer, may consist of all or some of the following functionalities:
Sales Automation: automation of repetitive tasks and workflows within the sales pipeline to improve efficiency and increase close rates.
Lead Scoring: lead scoring based on a point system. The more points, the more valuable the contact.
Pipeline, account and deal management: sales pipeline, account and deal management to maximize business opportunities.
Task management & reporting: tracking and management of tasks, and reporting on sales performance.
Sales Engagement Automation and 1:1 Emails: automating sales engagement and sending personalized 1:1 emails.
Artificial Intelligence features: such as AI Sentiment Analysis of contact communications to better understand their needs and reactions or AI Success Probability of sales based on historical data and current behavior.
AI functions are not infallible, may not work as expected and may generate incorrect information. You should not rely on AI functions and their use is at your own risk.
Facebook Leads Ads: integration to automatically synchronize Facebook lead ads. To be able to perform this integration must be available in the corresponding Wild Mail Plan and the Customer must have contracted the application you want to integrate with Wild Mail.
Split Automations: allows you to create two types of splits within an automation: a conditional split and an equal split (traditional A/B test).
Automation Map: complete visualization of automations on a single map for more effective management.
Custom Reporting: help analyze information and answer specific questions about data or activities. These reports can be saved, accessed at any time, shared with other users or downloaded. Data is updated once a day.
Custom Objects: templates or schemas that define a set of related fields. Wild Mail offers standard objects (contacts, deals and accounts) and custom objects.
Single Sign-On (SSO): Wild Mail, using ActiveCampaign, offers Single Sign-On (SSO) functionality to simplify and secure access to your platform. The Customer only needs to remember one set of credentials to access all applications and services integrated with Wild Mail and ActiveCampaign, eliminating the need for multiple logins.
Uptime SLA: availability of all key Wild Mail functionality with ActiveCampaign's guarantee of a minimum uptime of 99.9%, ensuring that services are available and running most of the time. Includes constant monitoring of systems and services to detect and resolve potential problems before they affect the Customer, with regular reporting on service uptime, allowing the Customer to review and verify compliance with the uptime SLA.
HIPAA Support: Wild Mail, using ActiveCampaign, provides a secure and HIPAA (Health Insurance Portability and Accountability Act) compliant environment. This support includes appropriate security measures (encryption in transit and at rest, stringent access control and regular security audits) with implementation of monitoring and auditing systems as well as procedures for reporting and managing information security incidents, ensuring that any breaches are handled effectively and in compliance with HIPAA regulations.
Sales services may undergo modifications in their configuration, determined by ActiveCampaign, without WILD AUDIENCE having control over such modifications.
2.3. Premium Email Support Services:
Through the Wild Mail Customer Dashboard, you can make inquiries to our support department by creating a ticket that will be answered as soon as possible (usually within approximately 1 hour during office hours).
The answers will be personalized according to the specific case raised by you.
The support service is available from Monday to Friday from 9:00 am to 6:00 pm, Spanish peninsular time (UTC+01:00), except holidays in Barcelona.
3. Wild Mail services contracting procedure:
Currently the contracting procedure can be carried out in Spanish and English.
WILD AUDIENCE will not keep a copy of these conditions linked to the contracting, so it is recommended to keep a copy of them.
WILD AUDIENCE has no technical means to identify and correct errors in the introduction of your data, except to detect if any field that is necessary to process the request, is pending completion.
In order to use Wild Mail's services, it is an indispensable requirement to register as an Customer.
3.1. Register as Customer:
To proceed to register as a Customer, you must:
a) Click on the “SIGNUP” button, then “CREATE NEW ACCOUNT” and provide your data (name, surname, e-mail and desired account name).
b) Read the present contracting conditions, and if you agree, check the checkbox established for this purpose.
c) Verify the e-mail address by entering the verification code sent to you by WILD AUDIENCE.
Once the whole process is successfully completed, you will have access to the Wild Mail Customer Dashboard where he/she will be able to check the billing, manage his/her data and upgrade the Wild Mail Plan, as well as access the Wild Mail functionalities (Dashboard in ActiveCampaign, schedule an Onboarding, access information of interest).
Once registered as a Customer you will be assigned an API URL and an API Key which can be found in the ActiveCampaign Dashboard/Settings/Developer. These will be your Wild Mail login credentials.
You can also login to Wild Mail through https://www.activecampaign.com/login with your user account name and entering your username/email and password.
Once you have registered, you will have access to a Trial for a period of 14 calendar days during which you will be able to test Wild Mail's functionalities completely free of charge.
After this period, you will have to sign up for one of the paid plans to be able to use Wild Mail services.
3.1.1. Veracity of the data provided:
As a Wild Mail user who has requested your registration, you are solely responsible for ensuring that the data provided is up-to-date, complete, accurate, and truthful. WILD AUDIENCE declines any responsibility for the breach of such requirements on the occasion of your registration.
If you detect an error in the data provided, you must proceed to correct it, as soon as possible, through your user account or by contacting WILD AUDIENCE at the indicated email.
3.1.2. User access credentials:
The access credentials are confidential. Therefore, you must be diligent in its use and conservation, so that its use by unauthorized third parties is not possible. Consequently, you are obliged to notify WILD AUDIENCE immediately of the loss of your access credentials as well as any danger or breach of their confidentiality. Otherwise, you must assume responsibility for any damage or harm caused by verified accesses through your user credentials.
In case you do not remember your login credentials, you may contact WILD AUDIENCE to solve the problem. If you do not remember the email address you provided when you registered for the service, WILD AUDIENCE may ask you to provide the appropriate documentation that will allow WILD AUDIENCE to identify you as a registered user and, if necessary, restore the use of Wild Mail, all of this for the sake of security in the provision of the service.
3.2. Access to paid services:
To sign up for a payment plan you must access your Wild Mail Customer Panel and click on the “UPGRADE” button to access the list of available payment plans.
You will have to select:
a) the Plan that best suits your needs
b) any additional Add-On that you would like to contract as well.
c) the number of Contacts you need
d) if you want a monthly or annual billing cycle
e) the currency in which you will pay for the service (EUR/USD).
If you have a discount code for any promotion, you can enter it (discount codes are not cumulative).
Once you have done this, you must click on “Proceed to checkout”.
On the Checkout page you must fill in the payment details (credit/debit card number, cardholder's name, billing address, VAT number, name and surname/company name), read and, if you agree, accept these terms and conditions (by ticking the box provided for this purpose) and click on the “Pay and subscribe” button.
The means of payment will be subject to verification and authorization by the issuing entity, but if the issuing entity does not authorize the payment, the subscription will not be activated. You guarantee that you have full authorization for the use of the means of payment in question during the contracting process.
Once you have satisfactorily completed the contracting of the corresponding Payment Plan, you will have access to the services associated with it.
3.3. Wild Mail services prices:
3.3.1. Wild Mail Plans:
The price (monthly or annual) of the Wild Mail Plans in force at the time of contracting are those published in EUR and USD at https://www.wildmail.io/pricing or at https://app.wildmail.io/billing/plan which do not include the legally applicable taxes, if any.
Notwithstanding the foregoing, prior to contracting, once the corresponding options have been selected, a summary of the price of the Plan and applicable taxes will be shown.
The prices may be modified upwards or downwards, depending on multiple causes, however, any modification of the prices will take effect from the date of contracting or renewal of the service after the modification of these.
In the event of a price increase, we will inform you prior to the automatic renewal of the corresponding contract cycle (monthly or annual) and at least 15 days prior to the renewal date, of the price increase and will proceed to the automatic renewal for the same period only if you do not object to it, once the price change has been communicated.
The charge of the amount of the corresponding price (monthly or annual) will be made in the means of payment selected by the user in the contracting process, being the first one at the moment of the contracting and the following ones on the same day of the successive months/years, as it corresponds.
3.4. Change of paid subscription Plan:
You may change your Plan in accordance with the provisions of this section:
a) Upgrading to a Higher Plan:
Your billing cycle remains the same (it does not restart).
You pay only for the remaining time of the new plan within your current cycle.
The full price of the new plan is charged when the next billing cycle begins.
b) Downgrading to a Lower Plan:
The downgrade happens immediately (you are switched to the lower plan right away).
You receive credits for the unused time of your previous plan.
At the start of the next billing cycle, the lower plan’s full price is charged, with any credits applied to the payment.
No refunds are made for billing cycles in progress, either monthly or annually. For this reason the annual billing cycles are more economical, because you contract Wild Mail with a one year permanence.
3.5. Duration and termination of the service:
You will be able to keep your Wild Mail Customer account during the Trial period or as long as you are up to date with the payment of the price and during the contracted period. The contract will be automatically extended for the same period of time as initially contracted.
If you request the cancellation of the contracted Plan, you will be able to continue using the service until the end of the contracted period (monthly or yearly), without being charged the amount corresponding to the following period.
As a Customer, you can delete your ActiveCampaign account data and information (campaigns, Contacts, automations, etc.) manually, as long as your subscription is active.
If your Wild Mail subscription is no longer active and you have not deleted all the hosted information, you will have to request its deletion to WILD AUDIENCE through support@wildmail.io.
WILD AUDIENCE will delete all information hosted on Wild Mail and will contact ActiveCampaign to request them to delete all such information.
If you cancel your subscription to Wild Mail the data stored in ActiveCampaign (Contacts, campaigns, automations, etc.) will be kept for a period of 12 months. After this period, all this information will be automatically deleted permanently.
The early termination of the contracting of the service may also occur if any of the causes foreseen in the applicable legislation or in the present Terms and Conditions occur.
WILD AUDIENCE may withdraw or suspend at any time and without prior notice the provision of the services in the event of breach of any of the obligations assumed under these Terms and Conditions, expressly reserving the right to claim, where appropriate, the damages that may be incurred by reason of such breach.
3.6. Billing:
WILD AUDIENCE will issue the corresponding invoice detailing the Value Added Tax (VAT) and practicing the tax withholdings that, where appropriate, correspond according to the applicable local rate at all times, being necessary for this purpose that you provide your complete billing information.
4. Denial of access to the service:
WILD AUDIENCE may deny you access to Wild Mail in any of the following cases:
a) The information provided is false, incomplete and / or inaccurate.
b) The activity carried out by you (or by third parties designated by you) does not comply with these Terms and Conditions and/or is found to jeopardize the proper functioning of the service of other users.
c) There is any amount pending payment with WILD AUDIENCE.
The denial of access to services will be communicated by email to the address provided by you.
5. Promotions:
WILD AUDIENCE shall have the right to establish promotional campaigns of its services at any time with certain advantages for users, which will remain in effect for as long as they are published on the Website or for the time established in the promotion in question. Promotions shall not be cumulative.
6. Other terms of service:
6.1. ActiveCampaign Software Resale:
When you contract Wild Mail, WILD AUDIENCE resells you a non-exclusive, temporary license for the territory in which you are located, of the ActiveCampaign software with access to the corresponding services depending on the plan you have signed up for.
This license does not imply the sale of the software or any of the rights that ActiveCampaign, INC. or WILD AUDIENCE have over it, so you will not be able to resell it, transfer it to third parties, rent it, lease it or provide the contracted services.
It is absolutely forbidden to modify or manipulate the software in any way.
6.2. Inappropriate use of Wild Mail:
The use of Wild Mail for any purpose other than that for which its functionalities are intended is strictly prohibited.
The Customer will be responsible for any inappropriate use made by him/her, as well as for the inappropriate use of any third party to whom he/she gives access to his/her account.
6.3. User participation:
In the event that through Wild Mail participation is allowed through the publication of comments or the generation of content, it is absolutely forbidden to disseminate content or propaganda of an illegal, racist, xenophobic nature, apology for terrorism, an attack against human rights, or that incite hatred, violate the dignity of the person, or are libelous, slanderous or against public order or safety.
WILD AUDIENCE reserves the right to erasure all comments and / or content that violate the foregoing or that are not suitable for publication.
In any case, WILD AUDIENCE will not be responsible for the opinions expressed or for the content published by users through forums, chats, blog, or other participation tools that may be created, except as expressly provided by the applicable regulations.
6.4. Prohibition of screen scraping, web scraping or similar techniques:
The use of screen scraping techniques, web scraping or any other programming technique or of any other nature that allows the extraction of information or data hosted, stored or accessible in Wild Mail without express written authorization from WILD AUDIENCE is expressly prohibited.
6.5. Acceptable Use Policy:
As a Wild Mail Customer, you must comply with this acceptable use policy (“Acceptable Use Policy”) when accessing or using the websites, applications and other online products and services, including email services, marketing services, discussion and message boards and other message communication applications (“Services”).
WILD AUDIENCE reserves the right to suspend or terminate your account if you violate this Usage Policy.
You may report any violations of the Usage Policy to us by sending an email to support@wildmail.io.
6.5.1. General rules:
Accounts are intended to be used by a single group of message subscribers. It is not allowed to continuously delete and re-import new contacts into an account. For example, you cannot subscribe to a plan of 25 000 subscribers/contacts and try to send messages to 100,000 contacts by deleting and importing new contacts.
The font size of the entire message cannot exceed 2 MB once the message is fully created. Attachments are limited to a single attachment of 50 kb or less and we reserve the right to limit file types.
You must be able to verify each Contact you wish to send marketing messages to. You must ensure that all message recipients have agreed to receive marketing communications from you. Note that simply obtaining someone's business card is not an opt-in to such mailing and you may not send marketing communications to email addresses or phone numbers that you have obtained from business cards. You must also verify that all e-mail addresses are valid.
6.5.2. Prohibited Content:
You may not use Wild Mail services to submit offensive, unlawful content that promotes unlawful behavior.
Notwithstanding the foregoing, you may not send any message or content that:
- Contains political campaigning, unsolicited promotions, advertising or solicitations, e.g., “junk mail,” “spam” or “chain letters,” etc.
- Is unlawful, libelous, defamatory, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or otherwise creates liability or violates any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Impersonates, or misrepresents its affiliation with, any person or entity;
- Contains false, misleading or deceptive statements, or otherwise raises unrealistic expectations or misrepresents any particular product or offer;
- Promotes pyramid schemes, multi-level marketing opportunities, “get rich quick” schemes or otherwise promises income generation without providing a full explanation of the risks and details of the business model;
- Contains any private or personal information of a third party without the consent of such third party;
- Contains viruses, corrupted data or other harmful, disruptive or destructive files or content;
- Violates any law, rule or regulation in the jurisdiction where the recipient resides.
- Promotes, condones, encourages or facilitates hate speech or discrimination against persons on the basis of race, ethnicity, religion, age, gender expression or identity, sexual orientation, marital or parental status, disability, veteran status or any other characteristic; or
- Is, in our sole discretion, objectionable or which restricts or inhibits any other person from using or enjoying your device, email or other communications service, or which may expose WILD AUDIENCE or others to any harm or liability of any kind.
6.5.3. Content and industries subject to additional scrutiny:
ActiveCampaign continuously monitors your activities on the Services and the Marketing Content you transmit through the Services. ActiveCampaign may delete or remove messages and content at any time and for any reason. ActiveCampaign also monitors the actions of message recipients’ actions to check for above average bounce abuse and/or unsubscribe rates. If any rate becomes abnormal, your account may be subject to manual review by ActiveCampaign. In addition, in the event of complaints from recipients about spam or unsolicited messages, ActiveCampaign may immediately suspend or terminate your account, and you will not be eligible for a refund of any kind.
You are not allowed to use the Services to:
- Send marketing content to recipients on paid or rented lists (of any form);
- Send marketing content to List brokers (of any form) for distribution by them;
- Send marketing content or any other messages about: illegal substances or illegal goods in any form; drugs, whether available by prescription only or over-the-counter, or any other product that purports to diagnose, cure, treat or prevent disease; male enhancement products; escort and dating services; affiliate marketing; electronic loans, loan offers or salary advances; day trading tips, FOREX, etc.; gambling services or products; working from home and generating lead opportunities;
multi-level marketing or pyramid schemes; investment advice or trading opportunities that promise or guarantee returns or profits, except where the provision of such advice complies with all applicable laws and/or where interest rates are contractually specified; certain financial services, cryptocurrencies or other digital asset platforms that we determine, in our sole discretion, to be objectionable, including, but not limited to, those related to certain token sales, decentralized financial systems, mining or staking services, or non-fungible tokens; financial services that we determine, in our sole discretion, are offered or advertised without complying with applicable law or could present a reputational risk to us; or other products or content that, in our sole discretion, are objectionable or may upset recipients.
6.5.4. Prohibited Actions:
You shall not use the Services to violate any law, rule, regulation or third party right. In addition, you may not:
- Log in or attempt to log in to your account on more than one device at the same time without the express written permission of ActiveCampaign.
- Use misleading or incorrect names, addresses, email addresses, subject lines or other information in any message created or sent using the Services.
- Share your account credentials with anyone.
6.5.5. Additional Rules for Text Messages and SMS:
In addition to the above restrictions, you agree to implement and follow telecommunications industry guidelines and legislation when sending text or SMS messages.
The Services are not intended to provide alerts about disaster scenarios, or any other situation directly related to serious health or safety threats, including but not limited to acts of terrorism, natural disasters or emergency responses, and you must not use the Services for any such purpose.
You are also not permitted to use the Services to send SMS or text messages related to: credit repair, debt collection, debt consolidation or debt reduction programs; sweepstakes; risky investment opportunities; or third party recruitment or job search services.
7. Availability of services:
7.1. WILD AUDIENCE will make the best efforts in order to guarantee you access to Wild Mail 24 hours a day, 7 days a week, without any interruption other than that required for prevention or operational maintenance work or of any other nature that ensures correct operation of the service.
7.2. The provision of the service is subject to malfunctions, anomalies, errors and interruptions inherent to computer applications. Consequently, WILD AUDIENCE cannot guarantee uninterrupted use of the services. In no event shall WILD AUDIENCE be liable for any damages or injury resulting from the temporary unavailability of the service.
7.3. Wild Mail integrates via API (Application Programming Interface) the ActiveCampaign software for the creation/management of e-mail marketing campaigns as well as for the management of sales through a Customer Relationship Management (CRM), so WILD AUDIENCE cannot guarantee that any of the ActiveCampaign functionalities will suffer modifications due to the internal policies of ActiveCampaign, INC, as it is ActiveCampaign, INC. that decides which functionalities it offers through its respective API, without WILD AUDIENCE having any control over the eventual modifications in each API by ActiveCampaign.
Therefore, WILD AUDIENCE will not be responsible for any changes made by ActiveCampaign, INC. with respect to the modification of functionalities.
8. User Support:
The WILD AUDIENCE customer service team will attend any incident by email at support@wildmail.io.
In addition, through the Wild Mail Customer Control Panel (Dashboard), you can make inquiries to our support department by creating a ticket that will be answered as soon as possible (usually in about 1 hour during office hours).
9. Modification of the contracting conditions:
WILD AUDIENCE reserves the right to modify or substitute these Terms and Conditions as a result of the modification, evolution and promulgation of laws, regulations, and rules applicable to the provision of the service and/or aspects related to them or related to technical or technological aspects that could not be foreseen at the time of drafting these conditions.
10. Rights and obligations of WILD AUDIENCE:
10.1. Rights: WILD AUDIENCE will have the right to:
- Receive payment of the price, if any, for the services provided.
- Introduce changes or technological improvements in the services provided.
- To interrupt the service to carry out all those tasks that it deems necessary and/or convenient in order to undertake improvements and/or restructuring in it, as well as to carry out maintenance operations of the service. In the latter case, WILD AUDIENCE will use its best efforts to notify you, to the extent possible and with reasonable notice, of those periods of time in which the service will be interrupted and so that such interruptions affect you in a minimal way.
10.2. Obligations:
WILD AUDIENCE undertakes to provide the services in accordance with the terms established in these conditions.
11. Rights and obligations of the Customer:
12.1. Rights:
You will have the right to use the services contracted in the agreed terms and conditions.
11.2. Obligations:
By contracting the services of Wild Mail, you will be obliged to:
- Comply with the payment obligations that, if applicable, correspond and with the rest of the obligations of the present conditions.
- Not to disturb, impede, interfere, distort, or damage the assigned equipment or systems of WILD AUDIENCE or third parties.
- Observe and comply with all the security regulations that WILD AUDIENCE may impose on the use of its resources and not use the services for purposes other than those provided by WILD AUDIENCE or for the performance of activities contrary to the laws, morals, the public order or to use the services for illicit, prohibited purposes or effects that are harmful to the rights and interests of third parties, with WILD AUDIENCE declining any responsibility that may arise from this.
12. Links Policy:
12.1. Links from other Websites:
If it is intended to establish a link from another Website to any of the Wild Mail web pages, the following conditions must be met:
- The total or partial reproduction of any of the services or contents of the website, or the establishment of deep-links, IMG or image links, or frames with the Website is not allowed without prior express authorization and by written.
- No false, inaccurate or incorrect manifestation will be made on the Website, nor on the services or contents thereof. Except for those signs that are part of the link, the web page on which it is established will not contain any brand, commercial name, establishment label, denomination, logo, slogan or other distinctive signs belonging to WILD AUDIENCE, unless expressly authorized by the latter.
- The establishment of the link will not imply the existence of any relationship between WILD AUDIENCE and the owner of the website or portal from which it is made, nor the knowledge and acceptance of WILD AUDIENCE of the services and content offered on said website or portal.
- WILD AUDIENCE will not be responsible for the content or services made available to the public on the website or portal from which the hyperlink is made, nor for the information and statements included therein.
12.2. Links to other websites:
The WILD AUDIENCE website may make available to the user links to other websites managed and controlled by third parties, with the exclusive function of facilitating users to search for information, content and services on the Internet, without in any case being considered that WILD AUDIENCE markets, directs, controls or owns the content, services, information and statements available on said websites.
WILD AUDIENCE does not assume any type of responsibility, even indirectly or subsidiary, for the contents, information, communications, opinions or services linked from those websites not managed by WILD AUDIENCE and that are accessible through the Web, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), in the user's documents or files, excluding any responsibility for damages of any kind caused to the user for this reason.
13. Liability Regime:
13.1. Interruptions in the operation of the Platform:
WILD AUDIENCE cannot and does not guarantee that there will be no interruptions or errors in accessing Wild Mail. However, there is a firm commitment, as soon as WILD AUDIENCE becomes aware of such incidents, to carry out all actions aimed at their restoration or repair, except for the concurrence of causes beyond WILD AUDIENCE that make it impossible or difficult to carry out.
13.2. Disclaimer:
Unless in these conditions or in the applicable legislation the contrary is expressly imposed and, exclusively, to the extent in which it is imposed, WILD AUDIENCE will only be liable for any direct damages suffered, and only when they have been caused by causes attributable to WILD AUDIENCE.
WILD AUDIENCE will not assume any responsibility:
- Due to problems derived from lack of access or problems inherent to Internet connectivity or electricity networks when these originate from causes beyond their control or from causes that could not have been foreseen by the parties or that, even being foreseeable, WILD AUDIENCE has made all reasonable efforts to avoid them or that they were considered as fortuitous causes or force majeure.
- For damages of any nature that may be caused to your physical (Hardware) and logical (software) systems or to the files or documents stored in them, as a consequence of the presence of viruses on your device or of a malfunction or use of an outdated version of your browser.
- For your legal obligations for the development of your activity as an account manager in social networks.
- Due to the lack of veracity, accuracy and/or validity of the data you provide us, nor of the consequences derived from the contractual relationship between you and your clients.
- For actions or omissions directly attributable to you or to third parties that depend directly on you.
- Due to the fact that the service does not meet your expectations or does not meet your needs, due to capital gains or losses in your activity, as it is your responsibility to assess whether Wild Mail is useful for your purposes before hiring it.
- For the breach of the obligations that concern you.
- For the errors in which you incur in the use of Wild Mail in your programming and/or automation.
- For the elimination or modification of functionalities in ActiveCampaign performed by ActiveCampaign, INC.
14. Intellectual and industrial property:
14.1. Wild Mail Content:
All the elements and/or contents published in Wild Mail have been created by WILD AUDIENCE or it has a license or authorization for their use.
Therefore, all those elements and/or contents (such as: images, audio, video, software, or texts; brands or logos, color combinations, structure and design, applications necessary for its operation, access and use, etc.) and the exploitation rights over them are the exclusive property of WILD AUDIENCE.
The reproduction, distribution, public communication - including the method of making it available - and the transformation, of all or part of the contents of Wild Mail, in any medium and by any technical means, without the express prior authorization and by written by WILD AUDIENCE.
In case of carrying out any of the prohibited actions indicated, those exclusive rights of intellectual or industrial property that correspond to WILD AUDIENCE will be violated. Therefore, you undertake to respect such rights, refraining in addition to deleting, altering, evading, or manipulating any protection device or security system that was installed on the pages owned by WILD AUDIENCE.
14.2. User-generated content:
With the acceptance of these terms and conditions, you grant WILD AUDIENCE a license as broad as required by law, for the publication of the contributions you make in the different participation services established in Wild Mail or in the social media profiles of WILD AUDIENCE.
It is absolutely forbidden for you to share or make any other type of use of legally protected content without being authorized to do so, both by the legislation relating to intellectual property, industrial property or by any other that, where appropriate, may be applicable.
WILD AUDIENCE reserves the right to take appropriate legal actions in the event that you breach the foregoing.
WILD AUDIENCE offers you the possibility to report any kind of violation of rights by any user or third party for the introduction of certain content on the Website, communicating said circumstance to WILD AUDIENCE, by sending an email to the email address indicated above.
15. Data processing as Data Controller: The personal data that WILD AUDIENCE process as Data Controller, will be in accordance with the provisions of the Privacy Policy published on the Website and to which we refer to avoid unnecessary repetitions.
16. Data processing by WILD AUDIENCE as Data Processor:
16.1. Object and duration of the processing,
16.1.1. Object of the processing:
By contracting a Wild Mail Plan, WILD AUDIENCE provides the Customer with access to a tool for the creation of e-mail marketing campaigns and/or sales management through a CRM and/or additional services depending on the contracted Plan.
By reason of said contracting, WILD AUDIENCE is authorized to process on behalf of the Customer, the personal data under the responsibility of the Customer (as Data Controller) necessary to provide the services of Wild Mail, exclusively for that purpose and in its capacity as Data Processor.
16.1.2. Duration of the processing:
The Customer will have access to the services provided by WILD AUDIENCE as long as the Customer is up to date with payments during the contracted term.
The Customer may cancel the subscription to the paid service at any time and may continue to use the service until the end of the contracted period and without the Customer being charged for the next billing cycle.
Access to the Processed Data will occur for as long as the Wild Mail services contract is in effect.
16.2. Nature and purpose of the processing,
16.2.1. Nature of the processing:
The nature of the processing of the Processed Data is automated through digital media and systems in which Wild Mail is hosted.
The processing of the data by WILD AUDIENCE as Data Processor will be carried out on its own premises through Wild Mail's digital systems.
16.2.2. Purpose of the processing:
The purpose of the Processing of the Data Processed by the Data Processor and on behalf of the Data Controller is exclusively the provision of the services of the Wild Mail Plan contracted by the Customer.
16.3. Type of personal data and categories of Data Subjects:
For the performance of the services, the Customer makes available to WILD AUDIENCE the information concerning the personal data of the Contacts managed through Wild Mail and, if applicable, of the members of the Customer's team (Users) who have access to the Customer's account on Wild Mail.
16.3.1. Contact information provided by the Customer to which WILD AUDIENCE may have access in its capacity as Data Processor:
- Name and surname
- E-mail address
- Contact ID in ActiveCampaign
- Contact's IP address
- Location (country and city)
- Any additional personalized information provided by the Customer about his/her Contacts.
- Information on the content of e-mails sent to the Contacts by the Customer.
16.3.2. Information of the Customer's Users or team members with access to Wild Mail:
- Name
- E-mail address
- Telephone number
16.4. Authorised processing operations:
The Customer authorizes only those Processings strictly necessary for the provision of the contracted services, including the collection, recording, organization, structuring, conservation, adaptation or modification, extraction, consultation or communication by transmission and the possible access to the processed data in the event that the Customer requires technical support from WILD AUDIENCE.
16.5. Obligations and rights of the Data Controller:
The duty to inform the Data Subjects (Contacts and Users) of the processing will be the sole responsibility of the Customer as Data Controller.
The Customer guarantees that the data provided to the Processor have been obtained in a lawful manner and that they are adequate, relevant and limited to the purposes of the Processing.
The Customer shall make available to the Data Processor all the information necessary for the provision of the contracted services through Wild Mail.
16.6. Obligations and rights of the Data Processor:
WILD AUDIENCE undertakes to respect all the obligations that correspond to it as Data Processor in accordance with the provisions of the legislation in force and any other provision or regulation that also applies to it.
WILD AUDIENCE will not use the processed data for purposes other than the provision of Wild Mail services.
WILD AUDIENCE shall make available to the Customer the information necessary to demonstrate compliance with the contract, allowing the inspections and audits necessary to evaluate the processing.
16.7. Authorized personnel to carry out the Processing:
WILD AUDIENCE guarantees that the persons authorized to process the processed data have expressly undertaken in writing to respect the confidentiality of the data and that they are subject to a legal obligation of confidentiality.
WILD AUDIENCE will take steps to ensure that any person acting under its authority who has access to personal data may only process it in accordance with the instructions of the Controller and is obliged to do so under applicable law.
WILD AUDIENCE guarantees that the persons authorized to process the data have received the necessary training to ensure that the protection of personal data will not be compromised.
16.8. Security measures:
WILD AUDIENCE declares to be aware of the obligations arising from the regulations on data protection, especially with regard to the implementation of security measures for the different categories of data and processing established in Article 32 of the GDPR, including, among others:
a) Pseudonymization and encryption of personal data.
b) The ability to ensure the permanent confidentiality, integrity, availability and resilience of the processing systems and services.
c) The ability to restore availability and access to personal data quickly in the event of a physical or technical incident.
d) A process of regular verification, evaluation and assessment of the effectiveness of technical and organizational measures to ensure the security of the processing.
WILD AUDIENCE guarantees that these security measures will be adequately implemented and will help the Controller to comply with the obligations set out in the GDPR, given the nature and information available to the Data Controller.
The Controller shall conduct an analysis of the potential risks arising from the Processing to determine the appropriate security measures to ensure the security of the processed information and the rights of the Data Subject and, if the Controller determines that risks exist, shall send to the Processor a report with the Impact Assessment so that the Processor can proceed to implement appropriate measures to prevent or mitigate the risks.
WILD AUDIENCE shall analyze the possible risks and other circumstances that may have an impact on security and that may be attributable to it, and, where appropriate, shall inform the Controller in order to assess their impact.
16.9. Security breaches:
Security breaches of which WILD AUDIENCE becomes aware shall be notified without undue delay to the Customer for his/her/its knowledge and implementation of measures to remedy and mitigate the effects caused.
The security breach notification shall contain at least the following information:
- Description of the nature of the noncompliance.
- Categories and approximate number of affected Data Subjects.
- Categories and approximate number of data records affected.
- Possible consequences.
- Measures taken or proposed to remedy or mitigate the effects.
- Contact information where you can obtain more information.
16.10. Communication of data to third parties:
WILD AUDIENCE may not communicate data to other recipients, unless they have obtained prior written authorization from the Customer, which, if any, shall be attached to this agreement.
The transmission of data to public authorities in the exercise of their public service does not require the authorization of the Customer if such transmissions are necessary to achieve the purpose of the processing.
16.11. Sub-Processors:
WILD AUDIENCE undertakes to fully respect applicable Data Protection Laws in reference to engaging Sub-Processors, including the conditions referred to in article 28 of the GDPR, when applicable.
WILD AUDIENCE will have general authorization to hire the sub-processors, which it currently uses that you can check here.
WILD AUDIENCE will have a general authorization for the hiring of new Sub-processors.
WILD AUDIENCE will specifically inform the Customer in writing of any changes it intends to make to the roster, either by expanding it or by replacing one Subscriber with another, at least 30 days in advance, thus giving the Customer sufficient time to object to such changes prior to the hiring of the Sub-processors in question.
WILD AUDIENCE will provide the Customer with the necessary information so that he/she can exercise his/her right of opposition. If the Customer does not oppose within the mentioned term of 30 days, it will be considered granted the authorization to designate the Sub-processor.
WILD AUDIENCE will observe where appropriate safeguards are in place, including, but not limited to, the use of Standard Contractual Clauses (SCC) and/or other applicable measures.
WILD AUDIENCE must include in any agreement with Sub-Processors receiving Confidential Information, a provision that the Sub-Processor shall be subject to the same confidentiality, data protection and data security obligations to which the Entrant is bound under the Agreement and this DPA.
In any event, WILD AUDIENCE shall remain fully liable for any negligence and/or damage caused to the Controller and/or his/her Processed Data and for any violation of the Data Protection Laws or of the Rights of the Data Subjects, by its Sub-Processors.
16.12. International Data Transfers:
Notwithstanding the foregoing - if Processor intends to process the Personal Data outside the territory of the EEA, including through the use of Sub-Processors or transfer data to any third country or international organization without a decision pursuant to Article 45.3 GDPR, or any other similar legal requirements/limitation existing under applicable Data Protection Laws with respect to transfers of personal data applies – WILD AUDIENCE shall only do so subject to the prior written approval of the Data Controller and subject to the implementation of appropriate safeguards, including but not limited to the use of Standard Contractual Clauses (SCCs)- to be automatically applied where necessary, and/or other applicable measures, to ensure sufficient safeguards for compliance with such requirements and any applicable Data Protection Laws. Notwithstanding the foregoing, if Personal Data is transferred between the Processor and its Sub-Processors, the Processor shall conduct and document an appropriate risk assessment in connection with such transfer of Personal Data.
16.13. Rights of the Data Subject:
The Data Processor shall create, whenever possible, and taking into account the nature of the processing, the technical and organisational conditions necessary to assist the Controller in their obligation to respond to requests about their rights by the Data Subject.
In the event that the Data Processor receives a request for the exercise of said rights, they must notify the Data Controller immediately, and in no case later than the working day following the receipt of the request, together with other information that may be relevant to the resolution of the request.
16.14. Liability:
In accordance with Article 82 of the GDPR, the Data Controller will be liable for the damages and losses caused by any processing operation in which it participates and do not comply with the provisions of the GDPR and only the Data Processor will be liable for the damages and losses caused by the processing when it has not fulfilled the obligations of the GDPR specifically directed to the Data Processor or has acted outside of or against the legal instructions of the Data Controller. Likewise, the Data Processor will be exempt from liability if it can prove that it was in no way responsible for the event that caused the damages or losses.
16.15. End of service:
Once the contracted services have been terminated for whatever reason, if the Data Processor has stored personal data, or any other document and/or support that would have been provided by any means, must return, or erase them, at the Customer's discretion, including any existing copies.
Data will not be deleted when its conservation is required by a legal obligation, in which case the Data Processor shall continue to guard it, blocking the data and limiting their processing as long as responsibilities may derive from its relationship with the Data Controller.
The Data Processor shall maintain the obligation of secrecy and confidentiality of the data even after the end of the relationship subject to the contract services.
16.16. Obtaining a copy of the Data Processing Agreement (DPA):
In the event that the Customer wishes to obtain a signed copy of the Data Processing Agreement (DPA), he/she may request it by sending an e-mail to support@wildmail.io.
17. Modification of services:
WILD AUDIENCE reserves the right to modify the services in order to adapt them: a) To the technical evolution of the market.
b) To any technical, functional, and operative improvement that allows an improvement in the provision of the same.
c) To the evolution of laws, regulations, and rules applicable to the provision of the Services and / or aspects related to them. Also, WILD AUDIENCE reserves the right to modify unilaterally and without prior notice, the presentation, configuration, and operability of the service provided that such modification does not affect the functionality or Service commitments acquired or involve any increase in the agreed prices.
18. Applicable legislation and competent jurisdiction:
The present terms and conditions will be governed by Spanish Law, although the choice of law does not prevent invoking the protection offered by the mandatory provisions of the law of the habitual residence in the case of being a consumer or user, although Wild Mail is addressed to companies and/or professionals that contract it for a purpose related to their commercial activity, business, trade, or profession.
Any divergence and/or disagreement with respect to what is established in the present conditions will be submitted to the Courts and Tribunals of Barcelona (Spain)
In the unlikely event that the Customer may be considered a consumer or user in accordance with the regulations for the defense of consumers and users, the courts and tribunals of his/her domicile shall have jurisdiction.
Updated October 10, 2024
Welcome to the Wild Mail Terms & conditions!
These terms & conditions explain how Wild Mail works, what you can expect from us, and what we expect from you. By using our services, you agree to follow these terms, which help keep everything clear and fair for everyone.
Please read them carefully, and if you have any questions, feel free to reach out via support@wildmail.io!
Definitions: for the provisions of these Terms and Conditions, the following expressions will have the meaning detailed as follows.
Wild Mail: a tool designed for professionals and businesses to create email marketing campaigns and manage sales using a CRM (Customer Relationship Management). It is powered by ActiveCampaign, for which Wild Audience is an official reseller. Depending on the plan you choose, we also offer additional services to enhance your experience. You can find more details on our website: https://www.wildmail.io/.
Plan/s: pre-established set/s of Wild Mail functionalities and/or services that the Customer may contract in accordance with the price and other conditions associated with it/them.
WILD AUDIENCE, “we” or “us”, indistinctly: company owner of Wild Mail and official authorized white label reseller of ActiveCampaign software, whose full details are given below.
Customer, “you” or “your”, indistinctly: professional or company that contracts a Wild Mail Plan with WILD AUDIENCE.
Contact/s: natural person/s or legal entity/s included by the Customer in its database in Wild Mail for the purpose of using this tool for the indicated purposes.
User/s or Seat/s, indistinctly: users authorized by the Customer to use his/her/its Wild Mail account according to the contracted Plan.
1. Identification of the parties:
The Wild Mail service provider is the company WILD AUDIENCE, S.L., with registered office at Ronda Sant Pere, 52, 08010, Barcelona (Spain), with NIF number: B67376772 (VAT number: ESB67376772), duly registered in the Commercial Register of Barcelona, in volume 46.777, folio 25, section 8, page B-530.564, hereinafter, WILD AUDIENCE.
WILD AUDIENCE can be contacted directly and effectively at the e-mail address: support@wildmail.io.
If you contract the services of Wild Mail, you will have the status of Customer and with the acceptance of these Terms and Conditions, you declare to have read and understood their contents, to be of legal age, with the capacity to bind you in accordance with the provisions herein, in your own name and right or in the name and on behalf of any natural or legal person, private or public, legally constituted with the will to contract Wild Mail for a purpose related to your commercial activity, business, trade or profession.
Certain aspects of the service may be subject to certain special conditions, which, depending on the case, will replace, complete and/or modify these terms and conditions. In case of contradiction, these particular conditions shall prevail.
2. Object:
The purpose of this document is to establish the contracting conditions of the Wild Mail services offered by WILD AUDIENCE against payment of a price and in accordance with the rest of the clauses that compose it.
The Customer contracts Wild Mail for a certain number of Contacts and Users (Seats) to be selected during the electronic contracting process, the price of the service being higher the more Contacts and/or Users are contracted by the Customer.
The following is a description of the services that may be included in the Wild Mail Plans.
2.1. Marketing Services:
Marketing services are provided through ActiveCampaign functionalities and depending on the Plan contracted by the Customer may consist of all or some of the following functionalities:
Email Marketing & Marketing Automation: automation of email marketing campaigns with the ability to segment recipients and use pre-designed templates available in Wild Mail. Customize emails with the drag-and-drop designer, send SMS messages and, if the contracted plan allows it, integrate other software.
Forms: unlimited form creation and online integration, as a modal or pop-up on a website, depending on the contracted plan.
Site and Event Tracking: tracking of pages visited by Contacts.
API & Webhooks: the API can be used to enter data in Wild Mail, create campaigns and perform external analysis. Webhooks allow you to receive real-time data updates on contact and campaign activity.
Landing Pages: creation of sales-optimized landing pages with the drag-and-drop designer.
Predictive Sending with Artificial Intelligence (AI): sending emails at the ideal time, based on data previously collected and calculated by Wild Mail's AI. AI functions are not infallible, may not work as expected and may generate incorrect information. You should not rely on AI functions and their use is at your own risk.
A/B Testing Automations: allows you to create two types of splits within an automation: a conditional split and an equal split (traditional A/B testing).
Integrations: connections that allow Wild Mail to communicate and work in conjunction with other applications and services. These integrations are designed to enhance ActiveCampaign functionality through Wild Mail, simplify workflows, and allow data to flow seamlessly between different tools you use.
Examples of common Integrations:
E-commerce: Shopify, WooCommerce, BigCommerce.
CRM: Salesforce, Microsoft Dynamics 365.
Lead Generation: Facebook and Instagram Leads Ads.
In order to perform the integrations must be available in the corresponding Wild Mail Plan and the Customer must have contracted the application they wish to integrate with Wild Mail.
On-Site Messaging: ability to reach Contacts with messages when they are on the Customer's website.
Attribution Reports: summary of conversion trends. Allows you to see the value of a Contact's activity over time and identify the most effective touch points.
Conversions: adds values to the lead score based on activities and behaviors, allowing to investigate the values represented by the contacts.
Accounts: allows grouping contacts that are part of the same organization.
Custom Reports: help analyze information and answer specific questions about data or activities. These reports can be saved, accessed at any time, shared with other users or downloaded. Data is updated once a day.
Custom Objects: templates or schemas that define a set of related fields. Wild Mail offers standard objects (contacts, deals and accounts) and custom objects.
Single Sign-On (SSO): Wild Mail, using ActiveCampaign, offers Single Sign-On (SSO) functionality to simplify and secure access to your platform. The Customer only needs to remember one set of credentials to access all applications and services integrated with Wild Mail and ActiveCampaign, eliminating the need for multiple logins.
Uptime SLA: availability of all key Wild Mail functionality with ActiveCampaign's 99.9% minimum uptime guarantee, ensuring that services are available and running most of the time. Includes constant monitoring of systems and services to detect and resolve potential problems before they affect the Customer, with regular reporting on service uptime, allowing the Customer to review and verify compliance with the uptime SLA.
Marketing services may undergo configuration modifications, determined by ActiveCampaign, without WILD AUDIENCE having control over such modifications.
2.2. Sales Services (CRM):
Sales services are provided through ActiveCampaign's CRM and depending on the Plan contracted by the Customer, may consist of all or some of the following functionalities:
Sales Automation: automation of repetitive tasks and workflows within the sales pipeline to improve efficiency and increase close rates.
Lead Scoring: lead scoring based on a point system. The more points, the more valuable the contact.
Pipeline, account and deal management: sales pipeline, account and deal management to maximize business opportunities.
Task management & reporting: tracking and management of tasks, and reporting on sales performance.
Sales Engagement Automation and 1:1 Emails: automating sales engagement and sending personalized 1:1 emails.
Artificial Intelligence features: such as AI Sentiment Analysis of contact communications to better understand their needs and reactions or AI Success Probability of sales based on historical data and current behavior.
AI functions are not infallible, may not work as expected and may generate incorrect information. You should not rely on AI functions and their use is at your own risk.
Facebook Leads Ads: integration to automatically synchronize Facebook lead ads. To be able to perform this integration must be available in the corresponding Wild Mail Plan and the Customer must have contracted the application you want to integrate with Wild Mail.
Split Automations: allows you to create two types of splits within an automation: a conditional split and an equal split (traditional A/B test).
Automation Map: complete visualization of automations on a single map for more effective management.
Custom Reporting: help analyze information and answer specific questions about data or activities. These reports can be saved, accessed at any time, shared with other users or downloaded. Data is updated once a day.
Custom Objects: templates or schemas that define a set of related fields. Wild Mail offers standard objects (contacts, deals and accounts) and custom objects.
Single Sign-On (SSO): Wild Mail, using ActiveCampaign, offers Single Sign-On (SSO) functionality to simplify and secure access to your platform. The Customer only needs to remember one set of credentials to access all applications and services integrated with Wild Mail and ActiveCampaign, eliminating the need for multiple logins.
Uptime SLA: availability of all key Wild Mail functionality with ActiveCampaign's guarantee of a minimum uptime of 99.9%, ensuring that services are available and running most of the time. Includes constant monitoring of systems and services to detect and resolve potential problems before they affect the Customer, with regular reporting on service uptime, allowing the Customer to review and verify compliance with the uptime SLA.
HIPAA Support: Wild Mail, using ActiveCampaign, provides a secure and HIPAA (Health Insurance Portability and Accountability Act) compliant environment. This support includes appropriate security measures (encryption in transit and at rest, stringent access control and regular security audits) with implementation of monitoring and auditing systems as well as procedures for reporting and managing information security incidents, ensuring that any breaches are handled effectively and in compliance with HIPAA regulations.
Sales services may undergo modifications in their configuration, determined by ActiveCampaign, without WILD AUDIENCE having control over such modifications.
2.3. Premium Email Support Services:
Through the Wild Mail Customer Dashboard, you can make inquiries to our support department by creating a ticket that will be answered as soon as possible (usually within approximately 1 hour during office hours).
The answers will be personalized according to the specific case raised by you.
The support service is available from Monday to Friday from 9:00 am to 6:00 pm, Spanish peninsular time (UTC+01:00), except holidays in Barcelona.
3. Wild Mail services contracting procedure:
Currently the contracting procedure can be carried out in Spanish and English.
WILD AUDIENCE will not keep a copy of these conditions linked to the contracting, so it is recommended to keep a copy of them.
WILD AUDIENCE has no technical means to identify and correct errors in the introduction of your data, except to detect if any field that is necessary to process the request, is pending completion.
In order to use Wild Mail's services, it is an indispensable requirement to register as an Customer.
3.1. Register as Customer:
To proceed to register as a Customer, you must:
a) Click on the “SIGNUP” button, then “CREATE NEW ACCOUNT” and provide your data (name, surname, e-mail and desired account name).
b) Read the present contracting conditions, and if you agree, check the checkbox established for this purpose.
c) Verify the e-mail address by entering the verification code sent to you by WILD AUDIENCE.
Once the whole process is successfully completed, you will have access to the Wild Mail Customer Dashboard where he/she will be able to check the billing, manage his/her data and upgrade the Wild Mail Plan, as well as access the Wild Mail functionalities (Dashboard in ActiveCampaign, schedule an Onboarding, access information of interest).
Once registered as a Customer you will be assigned an API URL and an API Key which can be found in the ActiveCampaign Dashboard/Settings/Developer. These will be your Wild Mail login credentials.
You can also login to Wild Mail through https://www.activecampaign.com/login with your user account name and entering your username/email and password.
Once you have registered, you will have access to a Trial for a period of 14 calendar days during which you will be able to test Wild Mail's functionalities completely free of charge.
After this period, you will have to sign up for one of the paid plans to be able to use Wild Mail services.
3.1.1. Veracity of the data provided:
As a Wild Mail user who has requested your registration, you are solely responsible for ensuring that the data provided is up-to-date, complete, accurate, and truthful. WILD AUDIENCE declines any responsibility for the breach of such requirements on the occasion of your registration.
If you detect an error in the data provided, you must proceed to correct it, as soon as possible, through your user account or by contacting WILD AUDIENCE at the indicated email.
3.1.2. User access credentials:
The access credentials are confidential. Therefore, you must be diligent in its use and conservation, so that its use by unauthorized third parties is not possible. Consequently, you are obliged to notify WILD AUDIENCE immediately of the loss of your access credentials as well as any danger or breach of their confidentiality. Otherwise, you must assume responsibility for any damage or harm caused by verified accesses through your user credentials.
In case you do not remember your login credentials, you may contact WILD AUDIENCE to solve the problem. If you do not remember the email address you provided when you registered for the service, WILD AUDIENCE may ask you to provide the appropriate documentation that will allow WILD AUDIENCE to identify you as a registered user and, if necessary, restore the use of Wild Mail, all of this for the sake of security in the provision of the service.
3.2. Access to paid services:
To sign up for a payment plan you must access your Wild Mail Customer Panel and click on the “UPGRADE” button to access the list of available payment plans.
You will have to select:
a) the Plan that best suits your needs
b) any additional Add-On that you would like to contract as well.
c) the number of Contacts you need
d) if you want a monthly or annual billing cycle
e) the currency in which you will pay for the service (EUR/USD).
If you have a discount code for any promotion, you can enter it (discount codes are not cumulative).
Once you have done this, you must click on “Proceed to checkout”.
On the Checkout page you must fill in the payment details (credit/debit card number, cardholder's name, billing address, VAT number, name and surname/company name), read and, if you agree, accept these terms and conditions (by ticking the box provided for this purpose) and click on the “Pay and subscribe” button.
The means of payment will be subject to verification and authorization by the issuing entity, but if the issuing entity does not authorize the payment, the subscription will not be activated. You guarantee that you have full authorization for the use of the means of payment in question during the contracting process.
Once you have satisfactorily completed the contracting of the corresponding Payment Plan, you will have access to the services associated with it.
3.3. Wild Mail services prices:
3.3.1. Wild Mail Plans:
The price (monthly or annual) of the Wild Mail Plans in force at the time of contracting are those published in EUR and USD at https://www.wildmail.io/pricing or at https://app.wildmail.io/billing/plan which do not include the legally applicable taxes, if any.
Notwithstanding the foregoing, prior to contracting, once the corresponding options have been selected, a summary of the price of the Plan and applicable taxes will be shown.
The prices may be modified upwards or downwards, depending on multiple causes, however, any modification of the prices will take effect from the date of contracting or renewal of the service after the modification of these.
In the event of a price increase, we will inform you prior to the automatic renewal of the corresponding contract cycle (monthly or annual) and at least 15 days prior to the renewal date, of the price increase and will proceed to the automatic renewal for the same period only if you do not object to it, once the price change has been communicated.
The charge of the amount of the corresponding price (monthly or annual) will be made in the means of payment selected by the user in the contracting process, being the first one at the moment of the contracting and the following ones on the same day of the successive months/years, as it corresponds.
3.4. Change of paid subscription Plan:
You may change your Plan in accordance with the provisions of this section:
a) Upgrading to a Higher Plan:
Your billing cycle remains the same (it does not restart).
You pay only for the remaining time of the new plan within your current cycle.
The full price of the new plan is charged when the next billing cycle begins.
b) Downgrading to a Lower Plan:
The downgrade happens immediately (you are switched to the lower plan right away).
You receive credits for the unused time of your previous plan.
At the start of the next billing cycle, the lower plan’s full price is charged, with any credits applied to the payment.
No refunds are made for billing cycles in progress, either monthly or annually. For this reason the annual billing cycles are more economical, because you contract Wild Mail with a one year permanence.
3.5. Duration and termination of the service:
You will be able to keep your Wild Mail Customer account during the Trial period or as long as you are up to date with the payment of the price and during the contracted period. The contract will be automatically extended for the same period of time as initially contracted.
If you request the cancellation of the contracted Plan, you will be able to continue using the service until the end of the contracted period (monthly or yearly), without being charged the amount corresponding to the following period.
As a Customer, you can delete your ActiveCampaign account data and information (campaigns, Contacts, automations, etc.) manually, as long as your subscription is active.
If your Wild Mail subscription is no longer active and you have not deleted all the hosted information, you will have to request its deletion to WILD AUDIENCE through support@wildmail.io.
WILD AUDIENCE will delete all information hosted on Wild Mail and will contact ActiveCampaign to request them to delete all such information.
If you cancel your subscription to Wild Mail the data stored in ActiveCampaign (Contacts, campaigns, automations, etc.) will be kept for a period of 12 months. After this period, all this information will be automatically deleted permanently.
The early termination of the contracting of the service may also occur if any of the causes foreseen in the applicable legislation or in the present Terms and Conditions occur.
WILD AUDIENCE may withdraw or suspend at any time and without prior notice the provision of the services in the event of breach of any of the obligations assumed under these Terms and Conditions, expressly reserving the right to claim, where appropriate, the damages that may be incurred by reason of such breach.
3.6. Billing:
WILD AUDIENCE will issue the corresponding invoice detailing the Value Added Tax (VAT) and practicing the tax withholdings that, where appropriate, correspond according to the applicable local rate at all times, being necessary for this purpose that you provide your complete billing information.
4. Denial of access to the service:
WILD AUDIENCE may deny you access to Wild Mail in any of the following cases:
a) The information provided is false, incomplete and / or inaccurate.
b) The activity carried out by you (or by third parties designated by you) does not comply with these Terms and Conditions and/or is found to jeopardize the proper functioning of the service of other users.
c) There is any amount pending payment with WILD AUDIENCE.
The denial of access to services will be communicated by email to the address provided by you.
5. Promotions:
WILD AUDIENCE shall have the right to establish promotional campaigns of its services at any time with certain advantages for users, which will remain in effect for as long as they are published on the Website or for the time established in the promotion in question. Promotions shall not be cumulative.
6. Other terms of service:
6.1. ActiveCampaign Software Resale:
When you contract Wild Mail, WILD AUDIENCE resells you a non-exclusive, temporary license for the territory in which you are located, of the ActiveCampaign software with access to the corresponding services depending on the plan you have signed up for.
This license does not imply the sale of the software or any of the rights that ActiveCampaign, INC. or WILD AUDIENCE have over it, so you will not be able to resell it, transfer it to third parties, rent it, lease it or provide the contracted services.
It is absolutely forbidden to modify or manipulate the software in any way.
6.2. Inappropriate use of Wild Mail:
The use of Wild Mail for any purpose other than that for which its functionalities are intended is strictly prohibited.
The Customer will be responsible for any inappropriate use made by him/her, as well as for the inappropriate use of any third party to whom he/she gives access to his/her account.
6.3. User participation:
In the event that through Wild Mail participation is allowed through the publication of comments or the generation of content, it is absolutely forbidden to disseminate content or propaganda of an illegal, racist, xenophobic nature, apology for terrorism, an attack against human rights, or that incite hatred, violate the dignity of the person, or are libelous, slanderous or against public order or safety.
WILD AUDIENCE reserves the right to erasure all comments and / or content that violate the foregoing or that are not suitable for publication.
In any case, WILD AUDIENCE will not be responsible for the opinions expressed or for the content published by users through forums, chats, blog, or other participation tools that may be created, except as expressly provided by the applicable regulations.
6.4. Prohibition of screen scraping, web scraping or similar techniques:
The use of screen scraping techniques, web scraping or any other programming technique or of any other nature that allows the extraction of information or data hosted, stored or accessible in Wild Mail without express written authorization from WILD AUDIENCE is expressly prohibited.
6.5. Acceptable Use Policy:
As a Wild Mail Customer, you must comply with this acceptable use policy (“Acceptable Use Policy”) when accessing or using the websites, applications and other online products and services, including email services, marketing services, discussion and message boards and other message communication applications (“Services”).
WILD AUDIENCE reserves the right to suspend or terminate your account if you violate this Usage Policy.
You may report any violations of the Usage Policy to us by sending an email to support@wildmail.io.
6.5.1. General rules:
Accounts are intended to be used by a single group of message subscribers. It is not allowed to continuously delete and re-import new contacts into an account. For example, you cannot subscribe to a plan of 25 000 subscribers/contacts and try to send messages to 100,000 contacts by deleting and importing new contacts.
The font size of the entire message cannot exceed 2 MB once the message is fully created. Attachments are limited to a single attachment of 50 kb or less and we reserve the right to limit file types.
You must be able to verify each Contact you wish to send marketing messages to. You must ensure that all message recipients have agreed to receive marketing communications from you. Note that simply obtaining someone's business card is not an opt-in to such mailing and you may not send marketing communications to email addresses or phone numbers that you have obtained from business cards. You must also verify that all e-mail addresses are valid.
6.5.2. Prohibited Content:
You may not use Wild Mail services to submit offensive, unlawful content that promotes unlawful behavior.
Notwithstanding the foregoing, you may not send any message or content that:
- Contains political campaigning, unsolicited promotions, advertising or solicitations, e.g., “junk mail,” “spam” or “chain letters,” etc.
- Is unlawful, libelous, defamatory, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or otherwise creates liability or violates any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Impersonates, or misrepresents its affiliation with, any person or entity;
- Contains false, misleading or deceptive statements, or otherwise raises unrealistic expectations or misrepresents any particular product or offer;
- Promotes pyramid schemes, multi-level marketing opportunities, “get rich quick” schemes or otherwise promises income generation without providing a full explanation of the risks and details of the business model;
- Contains any private or personal information of a third party without the consent of such third party;
- Contains viruses, corrupted data or other harmful, disruptive or destructive files or content;
- Violates any law, rule or regulation in the jurisdiction where the recipient resides.
- Promotes, condones, encourages or facilitates hate speech or discrimination against persons on the basis of race, ethnicity, religion, age, gender expression or identity, sexual orientation, marital or parental status, disability, veteran status or any other characteristic; or
- Is, in our sole discretion, objectionable or which restricts or inhibits any other person from using or enjoying your device, email or other communications service, or which may expose WILD AUDIENCE or others to any harm or liability of any kind.
6.5.3. Content and industries subject to additional scrutiny:
ActiveCampaign continuously monitors your activities on the Services and the Marketing Content you transmit through the Services. ActiveCampaign may delete or remove messages and content at any time and for any reason. ActiveCampaign also monitors the actions of message recipients’ actions to check for above average bounce abuse and/or unsubscribe rates. If any rate becomes abnormal, your account may be subject to manual review by ActiveCampaign. In addition, in the event of complaints from recipients about spam or unsolicited messages, ActiveCampaign may immediately suspend or terminate your account, and you will not be eligible for a refund of any kind.
You are not allowed to use the Services to:
- Send marketing content to recipients on paid or rented lists (of any form);
- Send marketing content to List brokers (of any form) for distribution by them;
- Send marketing content or any other messages about: illegal substances or illegal goods in any form; drugs, whether available by prescription only or over-the-counter, or any other product that purports to diagnose, cure, treat or prevent disease; male enhancement products; escort and dating services; affiliate marketing; electronic loans, loan offers or salary advances; day trading tips, FOREX, etc.; gambling services or products; working from home and generating lead opportunities;
multi-level marketing or pyramid schemes; investment advice or trading opportunities that promise or guarantee returns or profits, except where the provision of such advice complies with all applicable laws and/or where interest rates are contractually specified; certain financial services, cryptocurrencies or other digital asset platforms that we determine, in our sole discretion, to be objectionable, including, but not limited to, those related to certain token sales, decentralized financial systems, mining or staking services, or non-fungible tokens; financial services that we determine, in our sole discretion, are offered or advertised without complying with applicable law or could present a reputational risk to us; or other products or content that, in our sole discretion, are objectionable or may upset recipients.
6.5.4. Prohibited Actions:
You shall not use the Services to violate any law, rule, regulation or third party right. In addition, you may not:
- Log in or attempt to log in to your account on more than one device at the same time without the express written permission of ActiveCampaign.
- Use misleading or incorrect names, addresses, email addresses, subject lines or other information in any message created or sent using the Services.
- Share your account credentials with anyone.
6.5.5. Additional Rules for Text Messages and SMS:
In addition to the above restrictions, you agree to implement and follow telecommunications industry guidelines and legislation when sending text or SMS messages.
The Services are not intended to provide alerts about disaster scenarios, or any other situation directly related to serious health or safety threats, including but not limited to acts of terrorism, natural disasters or emergency responses, and you must not use the Services for any such purpose.
You are also not permitted to use the Services to send SMS or text messages related to: credit repair, debt collection, debt consolidation or debt reduction programs; sweepstakes; risky investment opportunities; or third party recruitment or job search services.
7. Availability of services:
7.1. WILD AUDIENCE will make the best efforts in order to guarantee you access to Wild Mail 24 hours a day, 7 days a week, without any interruption other than that required for prevention or operational maintenance work or of any other nature that ensures correct operation of the service.
7.2. The provision of the service is subject to malfunctions, anomalies, errors and interruptions inherent to computer applications. Consequently, WILD AUDIENCE cannot guarantee uninterrupted use of the services. In no event shall WILD AUDIENCE be liable for any damages or injury resulting from the temporary unavailability of the service.
7.3. Wild Mail integrates via API (Application Programming Interface) the ActiveCampaign software for the creation/management of e-mail marketing campaigns as well as for the management of sales through a Customer Relationship Management (CRM), so WILD AUDIENCE cannot guarantee that any of the ActiveCampaign functionalities will suffer modifications due to the internal policies of ActiveCampaign, INC, as it is ActiveCampaign, INC. that decides which functionalities it offers through its respective API, without WILD AUDIENCE having any control over the eventual modifications in each API by ActiveCampaign.
Therefore, WILD AUDIENCE will not be responsible for any changes made by ActiveCampaign, INC. with respect to the modification of functionalities.
8. User Support:
The WILD AUDIENCE customer service team will attend any incident by email at support@wildmail.io.
In addition, through the Wild Mail Customer Control Panel (Dashboard), you can make inquiries to our support department by creating a ticket that will be answered as soon as possible (usually in about 1 hour during office hours).
9. Modification of the contracting conditions:
WILD AUDIENCE reserves the right to modify or substitute these Terms and Conditions as a result of the modification, evolution and promulgation of laws, regulations, and rules applicable to the provision of the service and/or aspects related to them or related to technical or technological aspects that could not be foreseen at the time of drafting these conditions.
10. Rights and obligations of WILD AUDIENCE:
10.1. Rights: WILD AUDIENCE will have the right to:
- Receive payment of the price, if any, for the services provided.
- Introduce changes or technological improvements in the services provided.
- To interrupt the service to carry out all those tasks that it deems necessary and/or convenient in order to undertake improvements and/or restructuring in it, as well as to carry out maintenance operations of the service. In the latter case, WILD AUDIENCE will use its best efforts to notify you, to the extent possible and with reasonable notice, of those periods of time in which the service will be interrupted and so that such interruptions affect you in a minimal way.
10.2. Obligations:
WILD AUDIENCE undertakes to provide the services in accordance with the terms established in these conditions.
11. Rights and obligations of the Customer:
12.1. Rights:
You will have the right to use the services contracted in the agreed terms and conditions.
11.2. Obligations:
By contracting the services of Wild Mail, you will be obliged to:
- Comply with the payment obligations that, if applicable, correspond and with the rest of the obligations of the present conditions.
- Not to disturb, impede, interfere, distort, or damage the assigned equipment or systems of WILD AUDIENCE or third parties.
- Observe and comply with all the security regulations that WILD AUDIENCE may impose on the use of its resources and not use the services for purposes other than those provided by WILD AUDIENCE or for the performance of activities contrary to the laws, morals, the public order or to use the services for illicit, prohibited purposes or effects that are harmful to the rights and interests of third parties, with WILD AUDIENCE declining any responsibility that may arise from this.
12. Links Policy:
12.1. Links from other Websites:
If it is intended to establish a link from another Website to any of the Wild Mail web pages, the following conditions must be met:
- The total or partial reproduction of any of the services or contents of the website, or the establishment of deep-links, IMG or image links, or frames with the Website is not allowed without prior express authorization and by written.
- No false, inaccurate or incorrect manifestation will be made on the Website, nor on the services or contents thereof. Except for those signs that are part of the link, the web page on which it is established will not contain any brand, commercial name, establishment label, denomination, logo, slogan or other distinctive signs belonging to WILD AUDIENCE, unless expressly authorized by the latter.
- The establishment of the link will not imply the existence of any relationship between WILD AUDIENCE and the owner of the website or portal from which it is made, nor the knowledge and acceptance of WILD AUDIENCE of the services and content offered on said website or portal.
- WILD AUDIENCE will not be responsible for the content or services made available to the public on the website or portal from which the hyperlink is made, nor for the information and statements included therein.
12.2. Links to other websites:
The WILD AUDIENCE website may make available to the user links to other websites managed and controlled by third parties, with the exclusive function of facilitating users to search for information, content and services on the Internet, without in any case being considered that WILD AUDIENCE markets, directs, controls or owns the content, services, information and statements available on said websites.
WILD AUDIENCE does not assume any type of responsibility, even indirectly or subsidiary, for the contents, information, communications, opinions or services linked from those websites not managed by WILD AUDIENCE and that are accessible through the Web, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), in the user's documents or files, excluding any responsibility for damages of any kind caused to the user for this reason.
13. Liability Regime:
13.1. Interruptions in the operation of the Platform:
WILD AUDIENCE cannot and does not guarantee that there will be no interruptions or errors in accessing Wild Mail. However, there is a firm commitment, as soon as WILD AUDIENCE becomes aware of such incidents, to carry out all actions aimed at their restoration or repair, except for the concurrence of causes beyond WILD AUDIENCE that make it impossible or difficult to carry out.
13.2. Disclaimer:
Unless in these conditions or in the applicable legislation the contrary is expressly imposed and, exclusively, to the extent in which it is imposed, WILD AUDIENCE will only be liable for any direct damages suffered, and only when they have been caused by causes attributable to WILD AUDIENCE.
WILD AUDIENCE will not assume any responsibility:
- Due to problems derived from lack of access or problems inherent to Internet connectivity or electricity networks when these originate from causes beyond their control or from causes that could not have been foreseen by the parties or that, even being foreseeable, WILD AUDIENCE has made all reasonable efforts to avoid them or that they were considered as fortuitous causes or force majeure.
- For damages of any nature that may be caused to your physical (Hardware) and logical (software) systems or to the files or documents stored in them, as a consequence of the presence of viruses on your device or of a malfunction or use of an outdated version of your browser.
- For your legal obligations for the development of your activity as an account manager in social networks.
- Due to the lack of veracity, accuracy and/or validity of the data you provide us, nor of the consequences derived from the contractual relationship between you and your clients.
- For actions or omissions directly attributable to you or to third parties that depend directly on you.
- Due to the fact that the service does not meet your expectations or does not meet your needs, due to capital gains or losses in your activity, as it is your responsibility to assess whether Wild Mail is useful for your purposes before hiring it.
- For the breach of the obligations that concern you.
- For the errors in which you incur in the use of Wild Mail in your programming and/or automation.
- For the elimination or modification of functionalities in ActiveCampaign performed by ActiveCampaign, INC.
14. Intellectual and industrial property:
14.1. Wild Mail Content:
All the elements and/or contents published in Wild Mail have been created by WILD AUDIENCE or it has a license or authorization for their use.
Therefore, all those elements and/or contents (such as: images, audio, video, software, or texts; brands or logos, color combinations, structure and design, applications necessary for its operation, access and use, etc.) and the exploitation rights over them are the exclusive property of WILD AUDIENCE.
The reproduction, distribution, public communication - including the method of making it available - and the transformation, of all or part of the contents of Wild Mail, in any medium and by any technical means, without the express prior authorization and by written by WILD AUDIENCE.
In case of carrying out any of the prohibited actions indicated, those exclusive rights of intellectual or industrial property that correspond to WILD AUDIENCE will be violated. Therefore, you undertake to respect such rights, refraining in addition to deleting, altering, evading, or manipulating any protection device or security system that was installed on the pages owned by WILD AUDIENCE.
14.2. User-generated content:
With the acceptance of these terms and conditions, you grant WILD AUDIENCE a license as broad as required by law, for the publication of the contributions you make in the different participation services established in Wild Mail or in the social media profiles of WILD AUDIENCE.
It is absolutely forbidden for you to share or make any other type of use of legally protected content without being authorized to do so, both by the legislation relating to intellectual property, industrial property or by any other that, where appropriate, may be applicable.
WILD AUDIENCE reserves the right to take appropriate legal actions in the event that you breach the foregoing.
WILD AUDIENCE offers you the possibility to report any kind of violation of rights by any user or third party for the introduction of certain content on the Website, communicating said circumstance to WILD AUDIENCE, by sending an email to the email address indicated above.
15. Data processing as Data Controller: The personal data that WILD AUDIENCE process as Data Controller, will be in accordance with the provisions of the Privacy Policy published on the Website and to which we refer to avoid unnecessary repetitions.
16. Data processing by WILD AUDIENCE as Data Processor:
16.1. Object and duration of the processing,
16.1.1. Object of the processing:
By contracting a Wild Mail Plan, WILD AUDIENCE provides the Customer with access to a tool for the creation of e-mail marketing campaigns and/or sales management through a CRM and/or additional services depending on the contracted Plan.
By reason of said contracting, WILD AUDIENCE is authorized to process on behalf of the Customer, the personal data under the responsibility of the Customer (as Data Controller) necessary to provide the services of Wild Mail, exclusively for that purpose and in its capacity as Data Processor.
16.1.2. Duration of the processing:
The Customer will have access to the services provided by WILD AUDIENCE as long as the Customer is up to date with payments during the contracted term.
The Customer may cancel the subscription to the paid service at any time and may continue to use the service until the end of the contracted period and without the Customer being charged for the next billing cycle.
Access to the Processed Data will occur for as long as the Wild Mail services contract is in effect.
16.2. Nature and purpose of the processing,
16.2.1. Nature of the processing:
The nature of the processing of the Processed Data is automated through digital media and systems in which Wild Mail is hosted.
The processing of the data by WILD AUDIENCE as Data Processor will be carried out on its own premises through Wild Mail's digital systems.
16.2.2. Purpose of the processing:
The purpose of the Processing of the Data Processed by the Data Processor and on behalf of the Data Controller is exclusively the provision of the services of the Wild Mail Plan contracted by the Customer.
16.3. Type of personal data and categories of Data Subjects:
For the performance of the services, the Customer makes available to WILD AUDIENCE the information concerning the personal data of the Contacts managed through Wild Mail and, if applicable, of the members of the Customer's team (Users) who have access to the Customer's account on Wild Mail.
16.3.1. Contact information provided by the Customer to which WILD AUDIENCE may have access in its capacity as Data Processor:
- Name and surname
- E-mail address
- Contact ID in ActiveCampaign
- Contact's IP address
- Location (country and city)
- Any additional personalized information provided by the Customer about his/her Contacts.
- Information on the content of e-mails sent to the Contacts by the Customer.
16.3.2. Information of the Customer's Users or team members with access to Wild Mail:
- Name
- E-mail address
- Telephone number
16.4. Authorised processing operations:
The Customer authorizes only those Processings strictly necessary for the provision of the contracted services, including the collection, recording, organization, structuring, conservation, adaptation or modification, extraction, consultation or communication by transmission and the possible access to the processed data in the event that the Customer requires technical support from WILD AUDIENCE.
16.5. Obligations and rights of the Data Controller:
The duty to inform the Data Subjects (Contacts and Users) of the processing will be the sole responsibility of the Customer as Data Controller.
The Customer guarantees that the data provided to the Processor have been obtained in a lawful manner and that they are adequate, relevant and limited to the purposes of the Processing.
The Customer shall make available to the Data Processor all the information necessary for the provision of the contracted services through Wild Mail.
16.6. Obligations and rights of the Data Processor:
WILD AUDIENCE undertakes to respect all the obligations that correspond to it as Data Processor in accordance with the provisions of the legislation in force and any other provision or regulation that also applies to it.
WILD AUDIENCE will not use the processed data for purposes other than the provision of Wild Mail services.
WILD AUDIENCE shall make available to the Customer the information necessary to demonstrate compliance with the contract, allowing the inspections and audits necessary to evaluate the processing.
16.7. Authorized personnel to carry out the Processing:
WILD AUDIENCE guarantees that the persons authorized to process the processed data have expressly undertaken in writing to respect the confidentiality of the data and that they are subject to a legal obligation of confidentiality.
WILD AUDIENCE will take steps to ensure that any person acting under its authority who has access to personal data may only process it in accordance with the instructions of the Controller and is obliged to do so under applicable law.
WILD AUDIENCE guarantees that the persons authorized to process the data have received the necessary training to ensure that the protection of personal data will not be compromised.
16.8. Security measures:
WILD AUDIENCE declares to be aware of the obligations arising from the regulations on data protection, especially with regard to the implementation of security measures for the different categories of data and processing established in Article 32 of the GDPR, including, among others:
a) Pseudonymization and encryption of personal data.
b) The ability to ensure the permanent confidentiality, integrity, availability and resilience of the processing systems and services.
c) The ability to restore availability and access to personal data quickly in the event of a physical or technical incident.
d) A process of regular verification, evaluation and assessment of the effectiveness of technical and organizational measures to ensure the security of the processing.
WILD AUDIENCE guarantees that these security measures will be adequately implemented and will help the Controller to comply with the obligations set out in the GDPR, given the nature and information available to the Data Controller.
The Controller shall conduct an analysis of the potential risks arising from the Processing to determine the appropriate security measures to ensure the security of the processed information and the rights of the Data Subject and, if the Controller determines that risks exist, shall send to the Processor a report with the Impact Assessment so that the Processor can proceed to implement appropriate measures to prevent or mitigate the risks.
WILD AUDIENCE shall analyze the possible risks and other circumstances that may have an impact on security and that may be attributable to it, and, where appropriate, shall inform the Controller in order to assess their impact.
16.9. Security breaches:
Security breaches of which WILD AUDIENCE becomes aware shall be notified without undue delay to the Customer for his/her/its knowledge and implementation of measures to remedy and mitigate the effects caused.
The security breach notification shall contain at least the following information:
- Description of the nature of the noncompliance.
- Categories and approximate number of affected Data Subjects.
- Categories and approximate number of data records affected.
- Possible consequences.
- Measures taken or proposed to remedy or mitigate the effects.
- Contact information where you can obtain more information.
16.10. Communication of data to third parties:
WILD AUDIENCE may not communicate data to other recipients, unless they have obtained prior written authorization from the Customer, which, if any, shall be attached to this agreement.
The transmission of data to public authorities in the exercise of their public service does not require the authorization of the Customer if such transmissions are necessary to achieve the purpose of the processing.
16.11. Sub-Processors:
WILD AUDIENCE undertakes to fully respect applicable Data Protection Laws in reference to engaging Sub-Processors, including the conditions referred to in article 28 of the GDPR, when applicable.
WILD AUDIENCE will have general authorization to hire the sub-processors, which it currently uses that you can check here.
WILD AUDIENCE will have a general authorization for the hiring of new Sub-processors.
WILD AUDIENCE will specifically inform the Customer in writing of any changes it intends to make to the roster, either by expanding it or by replacing one Subscriber with another, at least 30 days in advance, thus giving the Customer sufficient time to object to such changes prior to the hiring of the Sub-processors in question.
WILD AUDIENCE will provide the Customer with the necessary information so that he/she can exercise his/her right of opposition. If the Customer does not oppose within the mentioned term of 30 days, it will be considered granted the authorization to designate the Sub-processor.
WILD AUDIENCE will observe where appropriate safeguards are in place, including, but not limited to, the use of Standard Contractual Clauses (SCC) and/or other applicable measures.
WILD AUDIENCE must include in any agreement with Sub-Processors receiving Confidential Information, a provision that the Sub-Processor shall be subject to the same confidentiality, data protection and data security obligations to which the Entrant is bound under the Agreement and this DPA.
In any event, WILD AUDIENCE shall remain fully liable for any negligence and/or damage caused to the Controller and/or his/her Processed Data and for any violation of the Data Protection Laws or of the Rights of the Data Subjects, by its Sub-Processors.
16.12. International Data Transfers:
Notwithstanding the foregoing - if Processor intends to process the Personal Data outside the territory of the EEA, including through the use of Sub-Processors or transfer data to any third country or international organization without a decision pursuant to Article 45.3 GDPR, or any other similar legal requirements/limitation existing under applicable Data Protection Laws with respect to transfers of personal data applies – WILD AUDIENCE shall only do so subject to the prior written approval of the Data Controller and subject to the implementation of appropriate safeguards, including but not limited to the use of Standard Contractual Clauses (SCCs)- to be automatically applied where necessary, and/or other applicable measures, to ensure sufficient safeguards for compliance with such requirements and any applicable Data Protection Laws. Notwithstanding the foregoing, if Personal Data is transferred between the Processor and its Sub-Processors, the Processor shall conduct and document an appropriate risk assessment in connection with such transfer of Personal Data.
16.13. Rights of the Data Subject:
The Data Processor shall create, whenever possible, and taking into account the nature of the processing, the technical and organisational conditions necessary to assist the Controller in their obligation to respond to requests about their rights by the Data Subject.
In the event that the Data Processor receives a request for the exercise of said rights, they must notify the Data Controller immediately, and in no case later than the working day following the receipt of the request, together with other information that may be relevant to the resolution of the request.
16.14. Liability:
In accordance with Article 82 of the GDPR, the Data Controller will be liable for the damages and losses caused by any processing operation in which it participates and do not comply with the provisions of the GDPR and only the Data Processor will be liable for the damages and losses caused by the processing when it has not fulfilled the obligations of the GDPR specifically directed to the Data Processor or has acted outside of or against the legal instructions of the Data Controller. Likewise, the Data Processor will be exempt from liability if it can prove that it was in no way responsible for the event that caused the damages or losses.
16.15. End of service:
Once the contracted services have been terminated for whatever reason, if the Data Processor has stored personal data, or any other document and/or support that would have been provided by any means, must return, or erase them, at the Customer's discretion, including any existing copies.
Data will not be deleted when its conservation is required by a legal obligation, in which case the Data Processor shall continue to guard it, blocking the data and limiting their processing as long as responsibilities may derive from its relationship with the Data Controller.
The Data Processor shall maintain the obligation of secrecy and confidentiality of the data even after the end of the relationship subject to the contract services.
16.16. Obtaining a copy of the Data Processing Agreement (DPA):
In the event that the Customer wishes to obtain a signed copy of the Data Processing Agreement (DPA), he/she may request it by sending an e-mail to support@wildmail.io.
17. Modification of services:
WILD AUDIENCE reserves the right to modify the services in order to adapt them: a) To the technical evolution of the market.
b) To any technical, functional, and operative improvement that allows an improvement in the provision of the same.
c) To the evolution of laws, regulations, and rules applicable to the provision of the Services and / or aspects related to them. Also, WILD AUDIENCE reserves the right to modify unilaterally and without prior notice, the presentation, configuration, and operability of the service provided that such modification does not affect the functionality or Service commitments acquired or involve any increase in the agreed prices.
18. Applicable legislation and competent jurisdiction:
The present terms and conditions will be governed by Spanish Law, although the choice of law does not prevent invoking the protection offered by the mandatory provisions of the law of the habitual residence in the case of being a consumer or user, although Wild Mail is addressed to companies and/or professionals that contract it for a purpose related to their commercial activity, business, trade, or profession.
Any divergence and/or disagreement with respect to what is established in the present conditions will be submitted to the Courts and Tribunals of Barcelona (Spain)
In the unlikely event that the Customer may be considered a consumer or user in accordance with the regulations for the defense of consumers and users, the courts and tribunals of his/her domicile shall have jurisdiction.
Updated October 10, 2024
