Terms and Conditions of Use
Wacemarketing Studio, Lda., located at Rua Alfredo Allen, n.º 455 e 461, 4200-135 Porto, Portugal and VAT number 516354434, (“Wace”), is, among other activities, the owner of a permission marketing campaign service.
This Service is carried out through several websites belonging to the company. The permission marketing campaigns service is provided to you (“Subscriber“) under the terms and conditions of this agreement. This document represents the entire agreement between the Subscriber and WACE.
- Service Description
The permission marketing campaign service consists of sending (by email and/or SMS), with the corresponding user permission, information and advertising on products and services that fit your demographic profile.
The Subscriber states that he agrees with the following:
- Provide certain updated, complete and truthful information about the Subscriber according to the requested service;
- Maintain and update the same information keeping it complete and truthful.
The user states that he knows and is aware that the data he provides (the “Registration Information“) will be incorporated in an automatic file or a personal data treatment process.
If any of the information from the Subscriber is false or inaccurate, WACE reserves the right to cancel the subscription and to end Subscriber’s rights to use the Service.
Subscriber authorizes WACE to conserve and use the Subscriber Data to offer other services and products.
The Subscriber knows and is aware that his data is collected, recorded and stored on WACE servers.
The Subscriber may exercise their rights of access, rectification, cancellation and opposition regarding to the process of their personal data. You can also exercise your right to personal data portability and personal data forgetting.
The exercise of rights should take place through any means that you consider relevant:
- Through the unsubscribe links found in all communications sent via email;
- By e-mail: “firstname.lastname@example.org“, with the subject “Remove“;
- By writing a statement and addressing it to WACE, SA – Rua Alfredo Allen and 455, 461, floor 3, room 4200-135 3.27 Porto, Portugal. Telephone contact: +351 300404470.
- Limitation of Liability
The Subscriber exclusively accepts and expressly assumes any and all risk exclusively from the use permission marketing campaigns service.
WACE is not responsible for the inability of use, interruption of business, or for any direct or indirect, special, accidental, or consequential damages of any kind of negligence (including the loss of benefits).
WACE does not ensure that the service will answer the Subscriber requirements, or that the service will not be interrupted, even if it’s secure, timely or error-free, nor ensures the results obtained from use of the service, nor for the accuracy or reliability of the information obtained through the service. It also does not guarantee the correction of defects in the service.
WACE websites and advertising mail sent by WACE may contain links to other websites that are beyond the control of WACE.
It is also important to know that the websites and emails sent by WACE may occasionally provide links to other sites created and powered by other organizations.
These sites are not owned by WACE, so we cannot guarantee their quality, suitability or performance. Additionally, we don’t assume a counter-guarantee of the products and services sold or advertised, nor of any information showed on those sites.
We strongly recommend that you pay attention and also remind that WACE will not be liable, directly or indirectly, for any damage or loss caused or allegedly caused to the user or family regarding the use of content, goods or services available on any of these websites.
- No Resale or Commercial Use of the Services
The Subscriber exclusively accepts and expressly assume any and all risk from the permission marketing campaigns service.
The use of the services is only for Subscribers and Customers (Sponsors) of WACE. Subscribers and Sponsors agree not to assign or make any commercial use of the Service without the express consent of WACE.
- Subscriber Duties
The Subscriber is solely responsible for the transmissions content through the Service. The use of the Service by the Subscriber is subject to local, regional, autonomical, national and international laws and regulations.
The Subscriber agrees:
- Not to use the Service for unlawful or prohibited acts;
- Do not interfere nor derail with the systems connected to the Service;
- Abide all the networks regulations, rules and procedures connected to the Systems of Permission Marketing campaigns Service.
WACE can, according to its discretion, terminate immediately the Permission Marketing Campaigns, if Subscriber’s conduct is not in accordance with these terms and conditions.
The Subscriber agrees to indemnify and exonerate WACE of all liability and also its subsidiaries, affiliates, directors and employees, from any claim or proceeding, including reasonable attorney’s fees, made by any third party as a result of the use the permission marketing campaigns service by the Subscriber, or the infringement by the Subscriber of this agreement as well as the infringement of the Subscriber or other user of the permission marketing campaigns service through computer of the Subscriber, the intellectual, industrial property or any other right of a person or entity.
- Participation or Adherence to Advertising Campaigns
The Subscriber will be able to maintain correspondence with the Sponsors that present their products on permission marketing campaigns service or to be part in its advertising campaigns. This correspondence or participation in campaigns, including the delivery of goods and the fulfillment of services and the payment for them, or any other terms, conditions, warranties related to such correspondence or advertising campaigns will be settle just between the Subscriber and the Sponsor. WACE assumes no responsibility, nor any obligation derived from such correspondence or participation.
- General Terms
This agreement will be guided by Portuguese law, submitting the parties to any matter of dispute, resulting from this agreement to the Judges and courts of Porto (Portugal). The headings of the clauses in this agreement are just used for the convenience of the parties and lack of legal or contractual significance.
- Modifications to the Terms of the Service
Due to the special conditions of the Service and to provide the Service best suited to each moment, WACE may modify the terms and conditions of this agreement by notifying the Subscriber upon communication of the changes on our website so that the Subscriber has knowledge before the use of Permission Marketing Campaigns.
Uninterrupted use of the service of Permission Marketing Campaigns by the Subscriber shall constitute a ratification of this document, with the modifications and amendments which have been made.
- Modifications in the Service
For the same reasons mentioned above, WACE reserves the right to modify or discontinue permission marketing campaigns service in all or in part, having submitted or not a notification to the Subscriber. WACE shall not be liable to the Subscriber or third parties for having exercised the right to modify or discontinue the permission marketing campaigns service.
Both the Subscriber and WACE may end the Service at any time, without notice, with or without justification, and such decision shall be effective immediately. WACE shall not be liable to the Subscriber or third parties for the end of the permission marketing campaigns service.
In case of the Subscriber’s disagreement in any of the terms and conditions of this agreement or any of the modifications, or if not satisfied with the service Permission Marketing Campaigns, he can:
- Discontinue the Use of the Service;
- Cancel the Service Subscription;
- Notify WACE of the termination, as described in the article 1, (Service Description).
The right of the Subscriber to use the permission marketing campaigns service ends immediately at the termination.
- GDPR Compliance
WACE is aware of the implementation of the new General Data Protection Regulation (GDPR), REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27th of April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. WACE is committed to act in accordance with the regulation, and is taking all steps in this direction.