Terms and Conditions

Perfect Campaigns Platform

Terms of Use
Privacy Policy
Acceptable Use
Anti-Spam Policy
Security
Cookies
Data Processing Addendum

Privacy and Terms

Please read these Terms of Use (the “Terms”) carefully.

These Terms, along with the Privacy Policy, Acceptable Use Policy and Anti-Spam Policy, govern your access to and use of the website located at https://perfectcampaigns.com (the “Site”) and the hosted cloud platform available via the Site and related services, third parties services and the Referrals Program (see section 11) that are offered by Perfect Campaigns (“Perfect Campaigns”). The Site and the hosted cloud platform and related services are referred to collectively throughout these Terms as the “Services”.

YOU AGREE THAT BY REGISTERING FOR, ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH Perfect Campaigns SRL. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

Wherever used in these Terms, “you”, “your” or similar terms means the person or legal entity accessing or using the Services. If you are accessing or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.

Perfect Campaigns reserves the right to modify, supplement or replace these Terms, effective upon posting an amended version on the Site or notifying you otherwise. Your continued use of the Services following the posting of changes to these Terms or receipt of notice will mean that you accept and agree to such changes. You are responsible for regularly consulting the current version of the Terms prior to your use of the Services.

Terms of Use

1. The Services

1.1 Eligibility. In order to access and use the Services, you must:

(a) be at least the age of majority in your jurisdiction;
(b) complete the registration process to create a user account; and
(c) provide and maintain complete, accurate and up-to-date contact and account information.

1.2 Account and password. You are responsible for all activity that occurs through your account, whether or not that activity is authorized by you. You agree to take reasonable precautions to ensure that your username, password, and other account information are kept confidential, to not share such information, and to immediately notify us of any unauthorized use of your account.
1.3 Updates and Functionalities. You acknowledge and agree that Perfect Campaigns may from time to time apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content).
1.4 Third Party Products and Services. The Services may enable you to access, interact with or purchase products or services provided by third parties, including from third party websites or applications linked to or accessible through the Services (“Third-Party Services”). Perfect Campaigns provides access to Third Party Services as a convenience only, and such access does not imply any warranties, representations, endorsements, approvals or verification by Perfect Campaigns of such Third Party Services. You acknowledge that the use of Third Party Services may be subject to the terms and conditions of such Third Party Services and that any contract entered into or transaction completed through Third Party Services is between only you and the relevant third party.
1.5 Anti-Spam Measures. Perfect Campaigns reserves the right to take any and all measures it deems necessary or appropriate in its sole discretion (whether legal, technical or otherwise) to prevent the Services from being used to send unsolicited email/SMS/Whatsapp messages (i.e. “spam”) and to address complaints by third parties regarding the sending of such messages. Without limitation, you agree that Perfect Campaigns may in its sole discretion suspend or cancel your account if it suspects that your account is being used to send unsolicited messages.

2. Rules of Use

2.1 Permitted Uses. You agree that you will at all times use the Services in a manner consistent with:

these Terms;
the Acceptable Use Policy;
any other applicable rules, policies, and guidelines established by Perfect Campaigns in respect of the Services.

Misuse or unauthorized use of the Services and its related systems or networks, or of any information or material available through the Services is strictly prohibited and Perfect Campaigns reserves the right, at its sole discretion and without liability or prejudice to any other remedies that it may have, to immediately suspend or cancel the account of any user who is using, or who Perfect Campaigns reasonably believes is using, the Services in violation of these Terms.
2.2 Compliance with Laws. You represent and warrant that your use of the Services will comply with all applicable laws and regulations, including without limitation, all applicable anti-spam and privacy laws (collectively, the “Regulations”). For greater certainty, the Regulations may include depending upon your use of the Services, but will not necessarily be limited to, CAN-SPAM, CASL, and GDPR. You will be solely responsible for determining whether the Services as used by you comply with the Regulations, and you acknowledge and agree that Perfect Campaigns will not be liable for any use of the Services by you that violates the Regulations.
2.3 Consents. Without limiting Section 2.2, you further represent and warrant that you will not send any messages other than Transactional Messages (as defined in Section 2.4) unless the recipients have provided you with valid consent under the Regulations to receive communications from you.
2.4 Transactional Messages. The Services may allow you to send Transactional Messages. “Transactional Messages” are defined as communications that are sent in response to an action by a message recipient related to a product or service offered by you (e.g. a confirmation message sent in response to a purchase of a product or service) or that concern the ongoing use, purchase or subscription by an message recipient of a product or service offered by you. You must not send Transactional Messages that are bulk messages or messages that have a purpose of encouraging participation in a commercial activity.

3. Intellectual Property

3.1 Perfect Campaigns Services. Perfect Campaigns is the owner of the Services and all intellectual property rights related to the Services. All rights, title, and interest in and to the Services not expressly granted under these Terms are reserved by Perfect Campaigns. Without limiting the generality of the foregoing, Perfect Campaigns owns the trademarks and design marks, trade dress, domain names, service names, logos and associated designs (“Trademarks”) used in connection with the Services and any unauthorized use of the Trademarks is strictly prohibited.
3.2 Feedback. If you submit any suggestions, comments or other feedback (“Feedback“) to Perfect Campaigns regarding the Services, you agree that Perfect Campaigns shall have a worldwide, perpetual, irrevocable, unrestricted, unlimited and fully paid-up right and license to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its products, and create derivative works of, any Feedback or any ideas or materials contained in or resulting from any Feedback, for any and all commercial and non-commercial purposes. For greater certainty, you agree that Perfect Campaigns may use and exploit any Feedback in any way at our discretion, without compensation or obligation to you or to any other party.
3.3 User Content. You retain ownership of all information and content (including text, images, video, audio, and other material) that you upload, publish, transmit, link to or otherwise make available through the Services (“User Content”). You grant to Perfect Campaigns a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license, with the right to sublicense, to access, use, reproduce, modify, publish, translate, create derivative works from, distribute, disseminate, perform, transmit, display, store, index and archive User Content or to incorporate it in other works in any form, media, or technology, for the full term of any rights that may exist in such User Content, for the purpose of providing the Services. You are solely responsible for User Content that you upload, publish, transmit, link to or otherwise make available through the Services. If you are posting User Content belonging to or generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms.

4. Payment

4.1 Billing. If you are making a payment to Perfect Campaigns, you must provide Perfect Campaigns with a valid credit card or other forms of payment instrument approved by Perfect Campaigns. You agree that Perfect Campaigns has permission to retain and/or share with financial institutions and payment processing firms your submitted payment information in order to process your purchase. If you select an automatic payment option, you agree that Perfect Campaigns may automatically bill your credit card or other forms of payment instrument approved by Perfect Campaigns in accordance with the terms of the applicable automatic payment option. Perfect Campaigns may change the prices from time to time, including without limitation, by posting new prices in the e-commerce module https://perfectcampaigns.com/shop_system or otherwise providing you with notice.
4.2 Refunds. Perfect Campaigns does not issue refunds for unused periods of service. At our sole discretion we may offer a refund or a voucher if a user requests one.
4.3 Disputes. You must submit to Perfect Campaigns any disputes with respect to charges within sixty (60) days of the date such charges are incurred. You agree to waive all disputes not brought within sixty (60) days of the date charges are incurred and that all such charges are final.

5. Privacy & Data

5.1 The Privacy Policy (“Privacy Policy“) is applicable to the collection, use and disclosure of personal data(“personal data”) by Perfect Campaigns and is incorporated by reference into these Terms. Please read the Privacy Policy carefully prior to using the Services. For the purposes of these Terms, personal data will have the same meaning as in EU General Data Protection Regulation 2016/679 (“GDPR”).
5.2 Email/SMS/Whatsapp/Calls Record Retention. You acknowledge and agree that Perfect Campaigns may, in its sole discretion, permanently erase Email/SMS/Whatsapp/Calls records (e.g. copies of messages sent and certain information relating to sent messages) after thirty (30) days of such messages being sent, and Perfect Campaigns has no obligation to retain such records beyond the thirty (30) days period.
5.3 User Content Retention. Perfect Campaigns may, in its sole discretion, permanently erase any User Content and any other information or materials associated with your account if your account is suspended or cancelled for thirty (30) days or more.
5.4. Servers Location. Perfect Campaigns process your data on servers located in Romania, Europe.

6. Confidentiality

“Confidential Information” means any information or materials of Perfect Campaigns that is reasonably considered in the circumstances to be confidential or proprietary, including, but not limited to, trade secrets, hardware, software (source code and object code), specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, pricing policies and price lists, and financial information or other business and/or technical information and materials, whether in oral, written, electronic, graphic or machine-readable form. You agree to keep strictly confidential the Confidential Information and to not use or disclose the Confidential Information for any purpose other than as required for your use of the Services.

7. Term and Termination

7.1 Term. These Terms shall commence on the date on which you first register for, access or use the Services and shall continue until your account is cancelled.
7.2 Termination. You may cancel your account at any time by sending a cancellation request to email perfect@perfectcampaigns.com. Perfect Campaigns reserves the right, in its sole discretion and at any time, to immediately suspend or cancel your account, with or without cause, with or without notice and without any refund. You acknowledge and agree that Perfect Campaigns will not be liable to you or any third party as a result of such suspension or termination, provided that in the event your account is canceled without cause, Perfect Campaigns will refund you any unused amount remaining in your account.
7.3 Effects of Termination. Upon termination of these Terms for any reason:

any rights and licenses granted to you under these Terms will terminate;
upon request within thirty (30) days of termination, Perfect Campaigns will provide you with a list of unsubscribe requests received by your account;
you have (30) days to export all your data. Perfect Campaigns will not be liable for any data you have not exported in the 30 days term;
you have to immediately pay to Perfect Campaigns any amounts that are outstanding.

7.4 Survival. The following provisions will survive termination of these Terms: Sections 3, 6, 7.3, 7.4, 8, 9, 10, 11.5, 12.1 - 12.3 and any other provision of this Agreement that must survive to fulfill its essential purpose.

8. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Perfect Campaigns EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Perfect Campaigns EXPRESSLY DISCLAIMS THAT: (I) THE SERVICES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (II) THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; (III) THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL; AND (IV) THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED. IN ADDITION, Perfect Campaigns EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO: (I) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY SUBSCRIBER CONTENT; (II) ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES IN ASSOCIATION OR CONNECTION WITH THE SERVICES, INCLUDING ANY THIRD PARTY SERVICES; (III) ANY HACKING OR OTHER UNAUTHORIZED ACCESS TO OR USE THE SERVICES; AND (IV) ANY DAMAGE TO YOUR SOFTWARE, COMPUTER SYSTEM OR OTHER PROPERTY CAUSED BY VIRUSES OR OTHER MALICIOUS CODE AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES.

9. Limitation of Liability

9.1 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BY STATUTE, CONTRACT, TORT OR UNDER ANY OTHER FORM OF LIABILITY, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU WITH RESPECT TO THE SERVICES HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
9.2 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Perfect Campaigns WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Perfect Campaigns HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO: (I) THE USE OR THE INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING ANY CONTENT, PRODUCTS, SERVICES, OFFERINGS, INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES; (II) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SERVICES; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR FAILURE OF OUR SYSTEMS; (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, DATA AND/OR PERSONAL DATA; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SITE; (VIII) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (IX) ANY OTHER MATTER OR EVENT RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE SITE OR THE SERVICES.
9.3 YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED FOR THE SERVICES, WHICH WOULD HAVE BEEN SUBSTANTIALLY GREATER IF Perfect Campaigns WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN.

10. User Indemnity

You agree to defend, indemnify and hold Perfect Campaigns harmless from and against any and all claims, actions or demands, including without, limitation reasonable legal and accounting fees, resulting from or related to: (i) your access to or use of the Services or any User Content; (ii) your violation of these Terms or the Acceptable Use Policy ; (iii) your violation of any applicable laws, including without limitation, anti-spam or privacy laws; or (iv) your violation of any third-party right, including without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality. You will use your best efforts to cooperate with Perfect Campaigns in the defense of any claim. Perfect Campaigns reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

11. Referral Program

If you sign up for the Perfect Campaigns platform, you can benefit from the Referral Program. This program is optional, free of charge and is available for companies or individuals. The program consists in obtaining a commission of 15% of the value of the orders placed by Referred Customers, who received from you the recommendation to buy Perfect Campaigns licenses. You can find the Referral Program in the Settings menu after logging in to the platform.

12. General

12.1 Governing Law. You agree that these Terms, and your use of the Services, are governed exclusively by the laws of Romania applicable therein (excluding conflicts and choice of laws principles). Any contract formed through the use of the Services will be deemed to have been formed and executed within Romania. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
12.2 Dispute Resolution.

(a) Means of Resolution. You and Perfect Campaigns agree that any disputes arising under these terms or otherwise in connection with your use of the Site will be resolved through Romanian civil competent courts of law in Bucharest, Romania. Notwithstanding the foregoing, you agree that: (i) the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief, and for the purposes of enforcing the ruling of any court of law in accordance with this provision, and (ii) Perfect Campaigns may bypass civil competent courts of law in cases of fraud or other crimes against it, and in the case of interference with its technical operations or violations of its rights or property.

12.3 Jurisdiction and Venue. If Section 12.2 is deemed void or is otherwise inapplicable, all disputes under these Terms will be resolved by a court of competent jurisdiction located in any city in Romania, provided that the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief.
12.4 Force Majeure. Neither party shall be liable for delay or failure in performance (other than the making of payments) resulting from any cause beyond the reasonable control of such party, including but not limited to, acts of God, acts of war, riot, fire, flood, or other disaster, acts of government, strike lockout, power failures, or the inability to use or the failure of any third party telecommunications carrier or other services, which events or conditions prevent in whole or in part the performance by such party of its obligations hereunder or which renders the performance of such obligations so difficult or costly as to make performance commercially unreasonable.
12.5 Assignment. You may not assign any of your rights or obligations under these Terms without our prior written consent. Perfect Campaigns may freely assign our rights and obligations under these Terms, either in part or in full, without notice to you.
12.6 Notice. Perfect Campaigns may communicate with you about the Services or these Terms, including any changes to these Terms, by email or by posting notices on the Site. Unless expressly prohibited by law, you consent to receive communications relating to the Services or our business relationship from Perfect Campaigns electronically and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You may provide legal notice to Perfect Campaigns at: Perfect Campaigns, 2A Jiului street, Sector 1, Bucharest, Romania
12.7 Nature of Relationship. Nothing in these Terms or from your use of the Services will create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship between you and Perfect Campaigns, even if your use of the Services is for a commercial purpose which has been authorized by us. You and Perfect Campaigns will, at all times, be and remain independent contractors.
12.8 Severability. The provisions of these Terms are severable. If any individual provision is held to be invalid, unenforceable or contrary to applicable law, such provision shall be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of these Terms, and all other provisions shall remain in full force and effect.
12.9 Entire Agreement. These Terms, including the Privacy Policy, Acceptable Use Policy and Anti-Spam Policy, together with any changes published by Perfect Campaigns on the Site or otherwise communicated to you, constitute the entire agreement between you and Perfect Campaigns governing your use of the Services. If you are using Perfect Campaigns to process personal data falling within the scope of the GDPR, Perfect Campaigns’s Data Processing Addendum (“DPA”) is available for download. Once fully executed, such DPA shall hereby be incorporated into these Terms by reference. Please see our Guide to the GDPR for more information.
12.10 Waiver. The failure by Perfect Campaigns to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy.
12.11 Contact. If you wish to contact Perfect Campaigns with any questions, comments or concerns regarding the Services or these Terms, please refer to our Contact us page.

Privacy Policy

This Privacy Policy (the “Policy”) describes the personal data that Perfect Campaigns (“Perfect Campaigns”, “we”, “us” or “our”) collects from or about you when you use Perfect Campaigns’s hosted cloud platform and related services (the “Services”), how we use that information, and to whom we disclose it. For the purposes of the Policy, the term “personal data” will have the same meaning as in EU General Data Protection Regulation 2016/679(“GDPR”).

This Policy should be read in conjunction with the Terms of Use, into which it is incorporated by reference.

We may modify this Policy from time to time. We will provide you with notice of any material changes to this Policy by publishing or communicate the changes through our Services or by other means so that you may review the changes before continuing to use our Services. Your continued use of the Services after we publish or communicate a notice about any changes to this Policy means that you are consenting to the changes.

In short, Perfect Campaigns stores and processes your personal data and your contacts’ personal data solely to perform the services you have signed up for. We do not sell your information or use it for profiling secondary business objectives. The policies below describe this in greater detail.

1. Accountability and Openness/Compliance

Perfect Campaigns is responsible for personal data under our control. We have established policies and procedures to effectively safeguard any confidential personal data that we collect and to deal with complaints and inquiries. We are committed to maintaining the accuracy, confidentiality, and security of your personal data, and we will ensure that you have access to information regarding the policies and procedures that we use to manage your personal data.
All questions or concerns regarding this Policy and our compliance with it should be directed in writing and sent by email to Perfect Campaigns - gdpr@perfectcampaign.com or postal mail Perfect Campaigns, 2A Jiului street, Sector 1, Bucharest, Romania.
Every complaint or challenge regarding our compliance with this Policy will be investigated, and where a deficiency is found to exist, we will take appropriate measures to address it. This may include amending our policies and procedures as necessary. We will also cooperate with regulatory authorities to resolve any complaints that cannot be resolved between us and an individual user.

2. Consent

By using the Services, you signify your agreement to the terms and conditions of this Policy and to our collection, use and disclosure of your personal data as set out herein. You may change or withdraw your consent to the collection, use or disclosure of your personal data at any time by contacting the Privacy Officer in writing at the address listed above (see: Accountability and Openness/ Compliance). In some circumstances, a change or withdrawal of consent may affect your ability to use the Services.

3. Collection and Retention of Information

We collect personal data only to the extent that it is necessary for the purposes set out below (see: Purpose - Why We Collect, Use and Disclose Information).
Subject to any legal or accounting requirements, we will retain personal data only as long as necessary to fulfill the purposes for which it was collected. Personal data that is no longer required will be destroyed, erased or made anonymous, although copies of deleted information may continue to exist on backup media.
Information that we may collect includes:
- needed to maintain adequate and accurate business and financial records
- for resolving, preserving, enforcing or defending our contractual/legal rights
- mandated by law, contract or similar obligations applicable to our business operations
- to protect recipients from spam or malicious emails

User Submitted Information - We collect certain personal data at the time users register to create an account or update their account details including a user’s name, e-mail address, and other contact information. We also collect personal data that users submit through their use of the Services, including when they submit contact and other information they have collected from their subscribers and when they create and send email/SMS/Whatsapp campaigns.
Usage Data - We collect certain non-identifying information about the usage of the Services, including information about how users are using the Services and the characteristics of those users. This information is anonymized and is not used by us to identify you as an individual.
Account Deletion Requests - At any time you can request to have your account data deleted by contacting us. Upon receiving the request we will send you an email to confirm this request. After successful confirmation, your account will be marked for deletion in 30 days. During this 30 day period, you may request to have your account reactivated by contacting us. After 30 days your account is permanently deleted and can not be reactivated. For more information about account deletion processes, please see the section called Data Retention Policy below.
Account Inactivity - To protect your privacy and your data, if your account is not active for a period of 1 year, it will automatically be permanently deleted. 30 days prior to this deletion, an email notification will be sent to the account email address with information about the deletion and instructions on how to keep the account active if desired. For more information about account deletion processes, please see the section called Data Retention Policy below.
Data Retention Policy - An account can be permanently deleted by either a deletion request or from account inactivity. We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These may include retention periods:
Technical and Device Information - We collect certain non-identifying information related to a user’s access to the Services, including the Internet Protocol (IP) address of the user’s computer, the date and time the user accessed the Services and the operating system that the user is using. We make no attempt to link this information with the identity of individuals visiting our website without express permission. We may, however, review server logs and anonymous traffic for system administration and security purposes, for example, to detect intrusions into our network, for planning and improving web services, and to monitor and compile statistics about website usage. The possibility, therefore, exists that server log data, which contains users’ IP addresses, could in instances of criminal malfeasance be used to trace and identify individuals. In such instances, we may share raw data logs with the appropriate authorities for the purpose of investigating security breaches.
Cookies
A “cookie” is a small piece of information stored on your computer by a web page. It is used to identify you to the web server. It tells the server who you are when you return to a page on the same website. Your browser will only send a cookie back to the domain that originally sent it to you. A cookie cannot run any programs, deliver any viruses, or send back information about your system.
We use cookies to determine your access privileges on our websites, to complete and support current activity, and to track website usage. Most web browsers automatically accept cookies, but if you do not wish to have cookies on your system, you should adjust your browser settings to decline them or to alert you when cookies are being sent. If you decline cookies, you will still be able to use the Services, but your ability to access certain features and functions may be affected.
As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information. Here are the currently relevant information pages for the main browsers:

Microsoft Internet Explorer:
http://www.microsoft.com/info/cookies.htm

Google Chrome:
https://support.google.com/accounts/answer/61416

Mozilla Firefox:
http://www.mozilla.org/projects/security/pki/psm/help_21/using_priv_help.html

Apple Safari:
Blocks cookies by default and accepts cookies only from your current domain. To change, click Safari, Preferences, Security, and choose your preference.
Perfect Campaigns uses a few advertising networks and they offer you a way to opt out of targeted advertising. For more information please see our Website Cookies information.

Purpose - Why We Collect, Use and Disclose Information

We will identify the purposes for which we collect personal data before or when we request the information. We will not collect personal data which is not necessary and, except as specified below, will not use or disclose personal data for any purpose other than the purpose(s) for which it was collected without first obtaining your consent. The information that we collect is used and disclosed only for business purposes. This includes:

to enable you to access and use the Services;
to process, track and communicate with you about the usage of the Services;
to establish, maintain and manage business relations with you so that we may provide you with the information, products or services that you request;
internal business purposes, such as administering or improving the Services;
to perform internal market research and conduct polls and surveys;
to obtain feedback regarding the Services and our ability to address a user’s needs;
to provide users with information and promotional materials regarding Perfect Campaigns and Perfect Campaigns’s products and services;
to protect us against error, fraud, theft or damage to our goods, our business or our property;
to comply with any legal, accounting and regulatory requirements, including reporting requirements, applicable laws, and any search warrants, subpoenas or court orders; and any other reasonable purpose for which you provide consent.

We may collect, use or disclose your personal data without your knowledge or consent where we are permitted or required to do so by applicable law, government request or court order, or based on our good faith belief that it is necessary to do so in order to comply with such law, request or court order, or to protect our assets, the users of our website, or the public.

5. Disclosure to Third Parties

We may disclose your personal data in response to requests from government agencies, law enforcement authorities, and regulators, or to satisfy legal or regulatory requirements. We may also disclose your personal data when we buy a business or sell all or part of our business.
You further acknowledge and agree that, in the course of providing the Services to you, we may delegate our authority to collect, access, use, and disseminate your information to third party subcontractors. Third party subcontractors may include web hosts, payment processors, delivery and logistics providers, social network integrators, and membership vendors. If we transfer any personal data to a third party subcontractor, we will provide the subcontractors only with the information needed to perform the subcontracted service, and will use appropriate contractual or other means to provide a comparable level of protection while the information is being used by them.

6. Safeguards – How Information is Protected

We maintain reasonable security safeguards to protect personal data in our possession or under our control from loss or theft, and from unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. The safeguards applied will depend on the sensitivity of the personal data, with the highest level of protection given to the most sensitive personal data. We use user IDs, passwords and encryption technology, and restrict the employees and contractors who have access to personal data to those having a “need to know” and who are bound by confidentiality obligations in order to ensure that information is handled and stored in a confidential and secure manner. When destroying personal data, we delete electronically stored personal data and shred any tangible materials containing personal data. While we will endeavor to destroy all copies of personal data, you acknowledge that deleted information may continue to exist on backup media but will not be used unless permitted by law.
We will continually review and update our security policies and controls as technology evolves. However, no security technology can be guaranteed to be failsafe. Using the Internet or other public means of communication to collect and process personal data may involve the transmission of data on an international basis and across networks not owned and/or operated by us. Therefore, by using the Services and/or communicating electronically with us, you acknowledge and agree to our processing of personal data in this way and agree that we are not responsible for any personal data which is lost, or which is altered, intercepted or stored by a third party without authorization. For more information please see our Security information.

7. Accuracy / Access

Perfect Campaigns has a responsibility to ensure that all personal data contained in our records or which is disclosed to third parties for the purposes described above is accurate, complete and up-to-date. You may make a request in writing for access to your personal data. We will inform you of your personal data held by us. You may have reasonable access to your personal data, and if you demonstrate the inaccuracy or incompleteness of personal data, the information will be amended as appropriate. You should advise us immediately if you discover inaccuracies in our data, if your personal data changes, or if you wish to have your information removed from our files. All notices and requests should be in writing and sent to the Privacy Officer at the address listed above (see: Accountability and Openness/Compliance).

8. International Transfer and Storage of Information

You acknowledge and agree that your personal data may be transmitted, transferred, processed, and/or stored outside of Romania, including in the United States and in the EU, and therefore may be available to governmental authorities under lawful orders and laws applicable in such jurisdictions. We will use reasonable means to ensure that your information is protected, but cannot guarantee that the laws of any foreign jurisdiction will accord the same degree of protection. If your use of our Services requires Perfect Campaigns to process personal data falling under the scope of the GDPR, Perfect Campaigns’s GDPR Data Processing Addendum is available for download. Please see our Guide to the GDPR for more information.

9. Third Party Content and Links to other Websites

The Services may contain optional links to third party Internet websites and services. You acknowledge that these third parties may collect data from users or their computers. The accessing and use of third party websites or services is at your own risk, and we cannot assume responsibility for the privacy practices, policies or actions of the third parties who operate those websites or services. This Policy applies only to the Perfect Campaigns Services, and we encourage you to review the privacy policies of any third parties when using their websites or services.

10. Minors

Minors (persons under the age of majority as defined in your jurisdiction) are not eligible to use the Services unsupervised, and we request that minors do not submit any personal data to us. If you are under the age of majority in your jurisdiction, you may only use the Services in conjunction with and under the supervision of an adult. Perfect Campaigns does not knowingly collect personal data from minors.

11. Notice of Breach

In the event of a security breach causing unauthorized intrusion of our Services that materially affects you or your contacts, Perfect Campaigns will notify you as soon as possible and later provide a report of the action we took in response to this intrusion. We have an internal protocol document in our policies and procedures that are followed in the event of a possible breach.

12. Other Data Rights

Perfect Campaigns takes reasonable steps to ensure the data we collect is accurate, complete and up to date and is reliable for its intended use. You can manage most of your data through the Services, however, you can always contact us directly through our support channel if you have any questions about your data. If you would like to contact us directly about deleting, updating or accessing your personal data you can email us directly at gdpr@perfectcampaigns.com. We will honor your request in accordance with applicable laws.
If you are using our Services to process personal data from certain territories such as the European Union, you may have broader data protection rights identified below:
The right to be informed: (see: Collection and Retention of Information)
The right of access/rectification: (see: Collection and Retention of Information for details on what data we collect and how we use it). You can access and update your Perfect Campaigns account and profile information at any time via our Services. Your contacts may contact you or us directly to request information we hold about them. You always have access to your contact’s detailed information that can be updated or corrected upon request from your contacts. Contacts can contact Perfect Campaigns directly to request their information to be updated or corrected.
The right to erasure: At any time you can cancel your Perfect Campaigns account as referenced in section 7.2 of our Terms of Use.
The right to restrict processing: You can ask us to restrict processing your personal data in certain circumstances.
The right to data portability: At any time you can export your data and you can ask us to provide your personal data in a structured, commonly used and machine-readable form in certain circumstances.
The right to object: You may object to the further processing of your personal data in certain circumstances.

Acceptable Use Policy

This Acceptable Use Policy (the “Policy”) sets out the rules applicable to your use of the Perfect Campaigns (“Perfect Campaigns”, “we”, “us” or “our”) hosted cloud platform and related services (the “Services”).

This Policy should be read in conjunction with the Terms of Use, into which it is incorporated by reference.
If you violate this Policy, we may suspend or cancel your account.

We may modify this Policy from time to time. We will provide you with notice of any material changes to this Policy by publishing or communicating the changes through our Services or by other means so that you may review the changes before continuing to use our Services. Your continued use of the Services after we publish or communicate a notice about any changes to this Policy means that you agree to the changes.

1. General Rules

All of your contacts/recipients to whom you are sending emails/SMS/Whatsapp messages with the Services must have given explicit consent to receive messages from you. This can be done when adding new contacts. We require that all contacts that you intend to send commercial bulk messages to must have been obtained via “double opt-in” measures and by using our Services you are confirming this. Our web forms use “double opt-in” subscription.

Do not send unsolicited messages (i.e. “spam”). That means that you are not allowed to send messages other than Transactional Messages (as defined in the Terms of Use) unless the recipients have validly consented to receive communications from you.
Do not send messages to purchased, rented or third-party marketing lists of any kind.
Do not use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information
Including the originating domain name and email address – must be accurate and identify you.
Do not use deceptive subject lines or re-direct links to sites and pages that are not relevant to the content of your email.
Your email must include a clear and conspicuous unsubscribe link in a form acceptable to Perfect Campaigns that directs through Perfect Campaigns’s hosted cloud platform. Each link must remain valid and you must not remove or disable such a link. (For more information, please visit Perfect Campaigns’s unsubscribe guide).
You must honor opt-out requests promptly (no later than 10 business days after receiving the request), and you must be able to process opt-out requests for at least 60 days after your email is sent.
You must accurately identify yourself in your email and include your valid physical postal address and email address (or telephone number) by which you can be contacted. The information must remain valid for at least 60 days after your email is sent.
If you send advertisements, you must clearly and conspicuously identify your message as advertisements.
You are only allowed to have one account. If your account is suspended or canceled, creating another account may result in cancellation.

2. Prohibited Content

You agree that you will not use the Services to send an email/SMS/Whatsapp that contains, offers, promotes, references or links to any information or content related to the following:

defamatory or libelous information or content;
pornographic, sexually explicit or otherwise adult-oriented information or content;
vulgar, obscene, profane, offensive, abusive, or threatening information or content;
false, misleading, inaccurate or deceptive information or content;
information or content that is discriminatory, racist, or promotes violence against any individual or group;
information or content that infringes or misappropriates the intellectual property or other proprietary rights of any third party;
viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information;
hacking, software piracy, spyware, surveillance, interception or descrambling equipment, phreaking, emulators, or illegal file sharing activity;
information or content contrary to any applicable laws or regulations; or
information or content otherwise deemed by Perfect Campaigns to be unsuitable or harmful to Perfect Campaigns, the Services or Perfect Campaigns’s affiliates, partners, customers or users.

3. Prohibited Products & Services

You agree that you will not use the Services to send an email/SMS/Whatsapp that contains, offers, promotes, references or links to any of the following products, services or content:

weaponry, firearms, ammunition, fireworks, or explosives
hazardous materials or hazardous substances;
multi-level marketing or affiliate marketing;
work from home, make money online and internet lead generation opportunities;
casino or online gambling;
foreign exchange programs and software (FOREX);
stock trading software;
“get rich quick” schemes;
the loan, credit card or banking;
pharmaceuticals;
instant weight loss schemes;
predatory publishing; or
data selling services such as email lists, phone numbers, etc.

4. Account Suspension or Cancellation

If we suspect that your account is being used in contravention of this Acceptable Use Policy or otherwise in a manner that is harmful to Perfect Campaigns or the Services, we may restrict your access or use of your account, including by suspending or canceling your account. Here are some examples of some reasons why we might take action against your account:

we have received a high volume of complaints regarding a message sent from your recipients.
your account has sent a high volume of messages to invalid .
If you wish to dispute any action taken against your account, please contact us.

Anti-Spam Policy

This Anti-Spam Policy (the “Policy”) sets out the rules applicable to your use of the Perfect Campaigns (“Perfect Campaigns”, “we”, “us” or “our”) hosted cloud platform and related services (the “Services”).

This Policy should be read in conjunction with the Terms of Use, into which it is incorporated by reference. If you violate this Policy, we may suspend or cancel your account.

1. Spam Definition

Perfect Campaigns is not for the delivery of Unsolicited Bulk Email/SMS/Whatsapp or Unsolicited Commercial Email/SMS/Whatsapp, otherwise known as SPAM, and we refer to the definition of SPAM provided by the Spamhaus website.

All messages that are sent from Perfect Campaigns must be CAN-SPAM compliant, CASL compliant and GDPR compliant where those regulations pertain to you. You agree to be aware of and adhere to the policies, laws, and requirements of any country to which you send messages via Perfect Campaigns.

To help identify senders, Perfect Campaigns requires that each account has a completed account profile. Perfect Campaigns also requires every email to have a working unsubscribe link.

2. Are you sending SPAM?

Are you mailing to anyone who has not explicitly agreed to receive messages from you?
Are you sending messages to a purchased list of addresses?
Are you using false information in your profile, such as using an incorrect originating address?
Are you using a domain name that you are not authorized to use?
Is your subject line misleading or deceptive?
Does your email not include a working unsubscribe option?

If you answered YES to ANY of these questions, it is likely you are either a spammer or will be labeled as one.

Security

At Perfect Campaigns, we take the security of your privacy and data extremely seriously and we want to be as transparent as possible with how we conduct business around security measures. Not every detail is shared of course, as we do not want our transparency to lead to exploitation of our system and your data.

1. Application and API

Perfect Campaigns account passwords are hashed when they are stored. A hash is one-way encryption so your passwords cannot be viewed by anyone (including our administrators) and can only be reset.
Login log with details such as user agent, browser, IP.
Event logging including password changes, password forgets, account email changes, payments, exports and more.
We support standard SSL and TLS encryption for all SMTP traffic.
Related websites require account login and password to obtain.
Access levels are defined for both our accounts, users and our administrators. We support a granular access model where only the required access needed can be granted for all stakeholders.
Changes of Account information such as email and password require the Account holder confirmation by email confirmation.
We have sophisticated algorithms protecting your account from malicious content as well as 24/7 human monitoring of your mail looking for inappropriate content or unusual activity.

2. Data Redundancy

Databases have full real-time replication configured.
Storage redundancy is used to increase the reliability of data storage.
Backups are done regularly and rotated for special circumstance restore.
Multi-tenancy is realized by using separate databases and data logic to prevent overlap or corruption.

2. Training and Protocols

Perfect Campaigns is dedicated to providing our staff with all the necessary tools and education to help keep your data safe. Perfect Campaigns has very high standards with regards to privacy. Please see our Privacy Policy for more information.
Our staff is provided training on our security policies and personal information privacy policies. Yearly, our staff is required to:

Take employee GDPR training and obtain a certificate of the training.
Review our internal policies in areas such as security and personal information privacy.
Sign a Non Disclosure Agreement highlighting their responsibilities in protecting your data.

All employees and contractors go through a rigid employment reference check and criminal record check where applicable before starting with Perfect Campaigns.

3. Data Centers

Perfect Campaigns hosts your data at several data centers. In all our data centers, access is strictly monitored. Some of the security measures are outlined below that our hosts adhere to:

Perimeter is secured.
Constant video surveillance and motion detection sensor monitoring.
Activity both within and outside of the data centers is monitored and recorded on secure servers, with surveillance teams working on site, 24/7.
Staff member receives an RFID name badge, which is also used to restrict their access. Employees must hand in their badges for verification before passing through the security doors.
Employee access rights are reassessed regularly, according to their remit.
The server rooms have an even higher level of protection, as only authorized personnel can gain entry.
DDOS mitigation is in place.
to protect us against error, fraud, theft or damage to our goods, our business or our property;
to comply with any legal, accounting and regulatory requirements, including reporting requirements, applicable laws, and any search warrants, subpoenas or court orders; and any other reasonable purpose for which you provide consent.

4. Payment Processing

Perfect Campaigns uses two payment processing services PayU and Paypal who follow industry standards in protecting your personal data. Perfect Campaigns does not store your credit card information. We keep only transaction fingerprints to help with fraud and abuse.

5. Email and Website Phishing

Perfect Campaigns will never send a regular email that asks you to provide, confirm or verify personal, login or account information. Also, Perfect Campaigns will never include a link to an online service in a regular email and ask you to sign in using that link. If you receive an email of this type, that appears to be from Perfect Campaigns, please forward it to perfect@perfectcampaigns.com and then delete it.

If you believe your confidential information may have been stolen or obtained by a fraudulent party either online or through any other means, contact us immediately at perfect@perfectcampaigns.com.

To report fake websites impersonating Perfect Campaigns websites, send an email to perfect@perfectcampaigns.com with the subject "Fake Perfect Campaigns website." Remember to copy the full URL (website address) into the body of the email.

Report fake websites impersonating Perfect Campaigns websites to Google and Microsoft - link https://safebrowsing.google.com/safebrowsing/report_phish/?hl=en and https://www.microsoft.com/en-us/wdsi/support/report-unsafe-site

Cookies

Perfect Campaigns uses Website Navigational Information to collect information about how our visitors and users navigate our websites (https://perfectcampaigns.com, its subdomains and other websites powered by Perfect Campaigns).

The technology we use to collect this information is called cookies and it helps us analyze trends, track and measure user’s movement around our websites and services and save targeted advertisements.

This article explains what this technology is and why we use it as well as visitors’ and users rights to control our use of it.

1. Cookies

What are cookies?

A “cookie” is a small piece of information stored on your computer by a web page. It is used to identify you to the web server. It tells the server who you are when you return to a page on the same website. Your browser will only send a cookie back to the domain that originally sent it to you. A cookie cannot run any programs, deliver any viruses, or send back information about your system.

Why do we use cookies?

We use cookies to determine your access privileges on our websites, to complete and support your current activity, and to track website usage. Most web browsers automatically accept cookies, but if you do not wish to have cookies on your system, you should adjust your browser settings to decline them or to alert you when cookies are being sent. If you decline cookies, you will still be able to use our services, but your ability to access certain features and functions may be affected.

What cookies are served through our website and our services?

Analytics cookies

These cookies are used to collect information to help us understand how our websites and services are being used or how effective our marketing campaigns are.
These cookies are served by Google Analytics.
To opt-out please click here for Google Analytics.

Advertising cookies

These cookies are used to serve you ads more relevant to you and your interests
These cookies are served by Google. To opt-out, please click here.

Social Networking cookies
- for Facebook: https://www.facebook.com/ads/settings
- for Twitter: https://twitter.com/personalization
- for LinkedIn: https://www.linkedin.com/psettings/guest-controls?trk

These cookies are used for advertising purposes as well as to enable you to share content from our websites through third-party social networking platforms.
These cookies are served by Facebook, Twitter, and LinkedIn:

How you can control cookies:
You can manage your cookie preferences in two ways. You can click on one of the opt-out links provided above or you can change your set up in your browser settings.
Most web browsers automatically accept cookies, but if you don't wish to have cookies on your system, you should adjust your browser settings to decline them or to alert you when cookies are being sent.

If you would like to opt-out of targeted advertising you can use one of these links to set up your ads preferences:
http://youronlinechoices.com/
http://www.aboutads.info/choices/
http://www.networkadvertising.org/choices/

2. Additional information

By using the Services, you signify your agreement to the terms and conditions of this Policy and to our collection, use and disclosure of your personal data as set out herein. You may change or withdraw your consent to the collection, use or disclosure of your personal data at any time by contacting the Privacy Officer in writing at the address listed above (see: Accountability and Openness/ Compliance). In some circumstances, a change or withdrawal of consent may affect your ability to use the Services.

Data Processing Addendum

If your use of Perfect Campaigns requires Perfect Campaigns to process personal data falling under the scope of the GDPR. Please see the GDPR guide for more information.