“alkima MAIL” extended Terms and Conditions

These supplementary terms are an integral part of the General Terms and Conditions of alkima. They specify the use of "alkima MAIL" as Software as a Service (SaaS).

1. Services of alkima

   1. The contractor operates and offers "alkima MAIL" as SaaS (Software as a Service).

   2. The contractor enables the client to create, send and analyze direct marketing messages with this SaaS solution. The contractor carries out delivery attempts for all messages, but cannot guarantee successful delivery. The contractor is only the transmitter of the messages and is not obliged to check their content from a legal, factual or other point of view. The client alone is responsible for the content of the messages sent by the client.

   3. The contractor grants the client a simple, non-exclusive, non-sublicensable and non-transferable right of use to "alkima MAIL" in its current version for the duration of the contract.

   4. The connection of the client to the Internet is not part of the contract. It is the responsibility of the client within the usage requirements.

   5. The contractor does not warrant uninterrupted, error-free or continuous availability of the service provided at all times. The contractor and the client agree that it is not technically possible to provide SaaS solutions that are completely free of errors under all conditions of use. In particular, the contractor does not owe unrestricted transmission, completeness of transmission and/or timely transmission of messages.

   6. alkima is entitled to further develop, adapt or modify the functionality of "alkima MAIL", provided that the contractual purpose of use is not materially impaired as a result. Insofar as technically possible and economically reasonable, alkima shall inform the client in good time of material changes to, or the discontinuation of, individual functions.

2. Rules of Participation

   1. The client bindingly declares that messages will only be sent to the client's recipients in a legally compliant manner and that the consents or other statutory prerequisites required for this purpose are in place.

   2. At the request of alkima, the client must explain in writing, and upon request provide suitable evidence, how the contact data was collected and on what legal basis the messages are sent.

   3. The client shall not, through the use of "alkima MAIL", cause any impairment of alkima's IP or domain reputation with internet service providers or technology partners, in particular through spam trap hits, conspicuous results from content scanners, or increased spam or complaint rates. The client shall be liable to alkima in accordance with statutory provisions for any damage culpably caused as a result.

   4. The client's use of alkima's services, in terms of form, content or purpose, shall not violate statutory prohibitions, public morality or the rights of third parties, in particular trademark, name, copyright or data protection rights. In particular, the client undertakes, in connection with its use of alkima's services,

      • not to display pornographic content, i.e. content that violates applicable criminal law on obscene material,

      • not to display content that incites hatred or violence against groups of people, i.e. content that violates applicable criminal law,

      • not to display depictions of violence that violate applicable criminal law, and

      • not to incite criminal offences or provide instructions for them.

   5. alkima is entitled to store the client's IP address as well as further log data required for the operation, security, abuse detection and traceability of message dispatch.

   6. The client acknowledges that alkima is entitled to remove contact data from mailing lists, or to block it from further dispatch, where messages to the same contact address are repeatedly returned as undeliverable (so-called hard bounces) or where complaints from recipients have been received. This serves in particular to protect the quality of dispatch, deliverability and the reputation of the sending infrastructure.

   7. The client acknowledges that the sending of messages may be subject to the legal systems of the respective recipient countries and undertakes to comply with the laws or other regulations applicable in these countries with regard to the messages sent.

   8. The client must provide alkima with a contact person with a telephone number and email address for complaints in connection with the sending of messages.

3. Miscellaneous

   1. Supplementary to these terms, the General Terms and Conditions of alkima shall apply.

Antispam Rules

As a provider of email marketing services, alkima is required to comply with certain anti-spam rules and technical requirements. Sending unwanted emails can impair deliverability and jeopardize the reputation of the sending infrastructure. The client therefore undertakes to comply with the following anti-spam rules as well as the applicable statutory provisions.

Basic rules for all countries:

• The client must, upon request, inform alkima how the data of its recipients was collected and on what basis the sending of emails to these recipients takes place.

• The client undertakes to comply with alkima's content rules.

• Every marketing email sent via alkima MAIL must include a suitable means of unsubscribing from further marketing messages.

• Every marketing email sent via alkima MAIL must include the required provider information, including the client's contact details.

• The client shall not falsify, manipulate or disguise recipient, sender or subject information in connection with the use of alkima MAIL.

• The client undertakes to comply with the applicable statutory provisions on the sending of email messages in the countries of the respective recipients.

Content rules for emails, images and forms:

The following content may not be processed or distributed via alkima MAIL.

• pornographic or other sexual content

• emails referencing illegal substances

• emails with content that violates the laws of the recipient's country

• illegal goods or services

• escort and dating services

• pharmaceutical products

• "work from home" emails

• gambling services

If the client is unsure or operates in an industry frequently associated with spam, the client may contact alkima. alkima will assess whether the use of alkima MAIL is permissible for the respective purpose.

Data the client may not use

• Purchased email addresses

  Purchased data is strictly prohibited within our system!

• Email addresses copied from the internet

  Email addresses displayed on websites as a contact option or in public directories are not permitted.

• Single opt-in

  Email addresses collected via a form using single opt-in without confirmation are not permitted. The secure double opt-in procedure must be used for registration via a form.

• Oral collection

  Email addresses collected orally, e.g. through telephone calls, are not permitted. Consent to the use of the email address must be confirmed in writing. Such confirmation is a prerequisite for valid consent where the declaration of consent was not obtained in writing or electronically, in accordance with applicable data protection law.

• B2B addresses: sending without permission

  A widespread misconception is that no advertising consent is required for sending emails in a B2B context. In fact, case law states that emails to businesses also require prior consent.

• Data from a third party

  Data collected by a third party is not permitted. Through its collection of the data, the third party is only entitled to contact those persons by email itself; this entitlement is not automatically transferred to the client. However, if the third party collected the data on behalf of the client, such data may be used exclusively by the client for the agreed sending of emails.

• Members, clubs and cooperatives

  Contractual membership in a club or cooperative does not automatically entitle the sending of emails to members. In this case too, the client requires the explicit consent of each individual recipient.

• Social or business networks

  Email addresses of persons who have shared their data with the client via social or business networks such as LinkedIn, Xing or Facebook may not be used for sending via alkima MAIL. Such persons may only be contacted via the respective network, provided a corresponding means of communication exists there. Sharing data via a social or business network does not constitute valid consent for sending emails via external systems.

Data the client may use

• Double opt-in via the client's own website

  All recipients registered using the secure double opt-in procedure via the client's own website. Perfect!

• Purchase of goods or services

  The recipients purchased goods or services and were informed, prior to the collection of their data, with the following notice: "The use of your data for our own direct marketing purposes for similar goods and services is not excluded. You may object to such use at any time, free of charge and in a simple manner." A sole reference in the client's general terms and conditions is not sufficient.

• Registration via offline form

  The recipients filled out a form offline and explicitly agreed to the sending of emails. The form must be available as proof.

• Co-registration via a competition

  Recipients who registered for a competition were clearly and explicitly informed of the relevant sponsors (max. 10). In addition, registration for the newsletter must not be a mandatory requirement for participation in the competition. The newsletter registration must be voluntary and explicit (e.g. by means of a checkbox).

• Contact via business card

  Recipients who, for example, gave the client a business card and explicitly requested that emails be sent to them. In this case, the client must be able to provide the business card and a written declaration of consent as proof.