ZOHO MARKETING AUTOMATION, A MARKETING AUTOMATION SERVICE, IS PROVIDED TO YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR") BY ZOHO CORPORATION (HEREINAFTER "ZOHO"), ACCORDING TO THE FOLLOWING TERMS AND CONDITIONS (HEREINAFTER "TERMS") IN ADDITION TO ZOHO GENERAL TERMS OF SERVICE. USE OF ZOHO MARKETING AUTOMATION SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND GENERAL TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS, DO NOT PROCEED OR USE ZOHO MARKETING AUTOMATION IN ANY MANNER.
Accessing Zoho Marketing Automation
Zoho Marketing Automation is a part of Zoho’s suite of online collaboration, business and productivity applications. You will be able to access Zoho Marketing Automation by using your common account for all Zoho Services (hereinafter “Zoho Account”).
Accessing other Zoho Services
Other Zoho Services may be integrated with Zoho Marketing Automation. Your Zoho Account will also allow you to access all Zoho Services even if such Zoho Services are not integrated with Zoho Marketing Automation. Use of some of these Zoho Services may require acceptance of terms of service specific to such Zoho Services (hereinafter “Service Specific Terms”). You must read, understand and accept the Service Specific Terms before using the corresponding Zoho Service.
Accessing Third Party Applications Integrated with Zoho Marketing Automation
Information collected using Zoho Marketing Automation
Using Zoho Marketing Automation, you can collect details such as Internet Protocol address, browser type, browser language, referring URL, files accessed, time zone and operating system of your website visitors. You can use the information collected to maintain quality of your website, improve visitor engagement and for general statistical purposes.
Identification and Tracking of your Website Visitors
Do Not Track (DNT) is an HTTP header field that enables users to opt out of tracking by websites they have not visited. You understand that Zoho Marketing Automation does not honour DNT header because of the fact that it is not approved by w3c standards.
Zoho Marketing Automation Embed Code
Zoho Marketing Automation Embed Code is the code that is installed on your website for the purpose of collecting visitor details ("Embed Code"). Subject to these Terms, (a) Zoho grants you a limited, revocable, non-exclusive, non-transferrable, non-sub licensable license to install copy and use the Embed Code solely as necessary for you to use Zoho Marketing Automation on your website. You will not (and you will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Embed Code or the documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Embed Code, except as expressly permitted by the law in effect in the jurisdiction in which you are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Embed Code and the documentation; (iv) remove any proprietary notices or labels on the Embed Code; or (v) use, post, transmit or introduce any software which interferes or attempts to interfere with the operation of the Embed Code.
Your Privacy Requirements
ANTI SPAM POLICY
You shall comply with the requirements of Zoho Anti Spam Policy and the CAN-SPAM Act or other similar laws regulating sending of commercial emails applicable to you. In addition, you may send emails through Zoho Marketing Automation only to the contacts that you have obtained by acceptable means as listed below (“Acceptable Means”).
- If the contact had submitted his/her email address as part of a download from your website or for the purpose of ordering/negotiating the purchase of a product or service from you.
- If the contact had subscribed to an email newsletter by filling a form on your website.
- If the contact has provided email address as part of participation in any contest, event or survey conducted by you, provided that you have informed the contact that you would be sending marketing emails.
- If the contact has, while completing an online form, checked an opt-in check box indicating his/her willingness to be contacted by you through email, provided that the check box is unchecked by default and you have informed such contact that the nature of the emails will be commercial.
- If the contact has given his/her business card and has expressed willingness to receive emails of a commercial nature. Willingness to receive emails of a commercial nature will be presumed where the business card was dropped in your booth at a trade show.
- If the contact was referred by your existing customers or subscribers to your newsletters or marketing emails.
You shall not send emails to any contact if:
- You have bought, loaned, rented or acquired the contacts through any other means from a third party.
- You have not contacted a legitimately obtained contact in the last 2 years.
- You have obtained email addresses by scraping or by copying and pasting the e-mail addresses from the internet.
- The contact has unsubscribed from your mailing list or has expressed his/her intention not to receive emails from you.
Additional requirements under GDPR
Explicit Opt-in: If you are subject to GDPR, you may send commercial emails only to the recipients who have explicitly opted-in to receive commercial emails. Such explicit opt-in must comply with the following prerequisites:
- Explicit opt-in must be active and separate and must not form part of any other declarations such as consent to general terms and conditions of business. The recipient must have either clicked/checked an opt-in check box, provided that the check box was unchecked by default or otherwise indicated his/her willingness to be contacted by you through email.
- If the recipient had not opted-in electronically, written confirmation must have been obtained from the recipient.
- The recipient must have been of legal age to grant consent to receive commercial emails.
- The option to revoke consent at any time with future effect must have been clearly and explicitly indicated at the time of obtaining consent. This must also have contained information as to how consent may be revoked. You must ensure that the option to revoke consent is not more complicated than the obtaining of consent.
Soft Opt-in: You are exempted from obtaining explicit opt-in as specified above, if the following conditions are complied with:
- The recipient is your existing customer
- The commercial emails relate to advertising of proprietary products or services similar to those currently used by the recipient
- The commercial emails that you send contain information about the option to opt-out/object at any time without incurring any costs arising other than transmission costs at basic rates; and
- The recipient has not objected to receiving such commercial emails.
Honouring Revoked Consent
The request to opt-out from receiving commercial emails should be honoured within a reasonable time from the date of request.
By using Zoho Marketing Automation, you agree that
- You will not infringe intellectual property rights or other proprietary rights of any party.
- You will not host and/or transmit pornographic and/or obscene content.
- You will not impersonate any individual or entity.
- You will not violate any applicable local, state, national or international laws.
- You will not distribute or sell illegal and counterfeit products.
- You will not interfere with or disrupt its provisioning.
- You will not perform any scamming activities such as pyramid scheme, click fraud or get-rich-quick scheme.
- You will not send/post affiliate links without any original content.
- You will not manipulate search engine results, search engine ranking and search result placement.
- You will not generate unnatural traffic.
- You will not promote, sell or distribute regulated products with varying legal status across jurisdictions such as alcoholic beverages, e-cigarettes, arms and ammunitions, fireworks, explosives, toxic and radioactive materials, pharmaceutical and pseudo-pharmaceutical products, medical devices, drugs, equipment designed for making/using drugs, gambling services, etc.
- You will not promote dangerous and illegal activities.
- You will not send communications relating to cryptocurrency, including but not limited to, initial coin offering, cryptocurrency mining or cryptocurrency wallet.
- You will not send/transmit/host any content that contain links to sites that are involved in any of the prohibited activities listed above.
Every email that you send using Zoho Marketing Automation, shall contain an 'about us' section that enables the recipient to identify you as the sender and must contain one or more of the following information according to the law applicable to you:
- Name and address in case the sender is an individual.
- If the sender is an entity, in addition to name and address, the name of the authority with which the entity is registered along with the business registration/identification number.
- Tax identification number, if applicable.
- Contact information, at least a valid telephone number as well as an email address.
- Name and contact information (phone number/email address) of a representative for reporting complaints.
Monitoring and Throttling
Zoho reserves the right to monitor and review your email campaigns manually and through automated means to improve deliverability such as by reducing mail bounces and to detect spam and other possible violations of the Terms. This includes:
- The right to transmit the sender email addresses, recipient email addresses and content of the email campaigns to affiliates and service providers engaged by us.
- The right to develop and improve automated tools based on emails that get flagged as spam and information we receive from affiliates, service providers engaged by us and other email service providers regarding your email campaigns.
- The right to embed a Campaign ID in every email's header in order to enable recipients of email campaigns to report spam emails to Zoho.
Zoho also reserves the right to throttle email campaigns sent by you, especially if you are sending email campaigns to a contact list for the first time.
Threshold for Bounces, Complaints, Unsubscribes and Un-justified/Spam Trap Hits
The hard bounce rates should be under 5% and spam complaint rates should be less than 0.1%. Similarly, the unsubscribe count should not be greater than the click rate and the maximum count for spam trap hit / un-justified complaint is 1. In the event that your email campaign exceeds the threshold(s) mentioned above, Zoho reserves the right to terminate your user account without any prior notification.
You are provided with the facility to host images, signature campaign cards, videos and other resources (“Content”) on Zoho’s servers only to enable you to include such Content in the Messages sent by you through Zoho Marketing Automation. You shall not create a load on Zoho’s servers or abuse Zoho’s bandwidth by hosting and generating such Content for any other purpose such as website hosting and/or sending them through other delivery tools.
In case of shortened URLs generated through Zoho Marketing Automation, you can use them in other tools as long as, in Zoho’s sole discretion, the load on Zoho’s servers and Zoho’s bandwidth is minimal.
Zoho may prescribe usage limits based on the subscription plan chosen by you. You must make sure that your usage is within the usage limits prescribed by Zoho in order to avail uninterrupted service. You understand that Zoho may restrict an activity if you reach the usage limit corresponding to such activity.
If your use of Zoho Campaigns is found to be in violation of the Terms, Zoho may, in its sole discretion, take appropriate actions against you, which may include suspension and permanent termination of your user account.