Fair Usage Policy

Introduction

RedEye’s Fair Usage Policy is designed to provide guidance around certain types of communications and certain activities that could adversely affect your brand and our other clients. We therefore publish the guidelines below to ensure that all our clients are able to maximise the potential of the RedEye platform and to provide the best possible customer experience.

Adhering to Laws and Regulations

You agree that your use of RedEye systems complies with all applicable laws and regulations. RedEye will not be liable for any failure by you to meet legal requirements or best practise guidelines. In particular, and regardless of your global location, if you are marketing to anyone in the European Economic Area you must:

1. Clearly describe in writing how you plan to use any data collected. You must comply with whatever privacy policy you posted when the data was collected.

2. Comply with all applicable regulations, including but not restricted to, data protection, electronic communications and privacy laws that apply to the countries that you are sending to.

3. Collect, store, use and transfer all data relating to any individual in compliance with all national or international data protection laws and regulations that might be relevant. You must have the necessary permission to allow RedEye to receive and process data and send communications to that individual on your behalf.

Any credits provided pursuant to this Agreement will constitute RedEye’s sole liability and client’s sole and exclusive remedy for any failure to achieve an Actual Availability Percentage of greater than 99%. For the avoidance of doubt credits are not due if downtime is client’s fault rather than RedEye’s.

Prohibited Content

It may seem obvious, but you must not use RedEye systems to send anything offensive, to promote anything illegal or to harass anyone. RedEye do not accept businesses that offer the services, products, or content, such as ‘spam’, ‘junk mail’, pharmaceutical products, work from home, online trading, credit repair content, mortgages and/or loans, list brokers or content containing pornography or nudity. You can find the full unabridged list in Appendix 1.

You must not use RedEye to send marketing communications advertising or promoting email or SMS lists or services supporting unsolicited bulk email/SMS. RedEye withhold the right to disable access to the RedEye platform without notice and with immediate effect and we will not refund any Charges or payments you have made. We will not accept responsibility or liability to you for any direct or indirect loss or damage that may arise under this clause.

Prohibited Actions

To protect your reputation, your data, the RedEye platform and to make sure you get the best performance from your marketing campaigns, you must not:

1. Send emails or SMS to email addresses or numbers that have previously been deemed undeliverable by RedEye or a previous supplier.

2. Import or incorporate data that includes passwords, security credentials, credit card numbers or special categories of personal information of any kind as defined by UK and EU privacy law (unless prior permission has been obtained from RedEye).

3. Upload or send to purchased lists, rented lists or third-party lists of any kind.

Fair Usage

Access to RedEye’s systems is based on a fair usage policy. We believe it is fair that resources are used by our clients proportionally, based on the size of their marketable database. The Fair Usage cap for email sending volumes is set at 50 times the volume of customer records, as set out in your Order Form, per annum. RedEye believes in working with our clients, so if you are reaching limits on fair usage, we will work with you to manage any additional costs, rather than simply billing you as and when you go over.

Permission

Deliverability for our clients depends on the quality of the data that they use to contact their customers. We want you to have the best possible results from your work with us. To that end, it is important to us, and we are sure to you too, that you are only sending marketing communications to people that have given you proven permission to do so, and have not withdrawn that permission, as defined by the General Data Protection Regulation as enacted by the Data Protection Act 2018 (“GDPR”).

Segments

Contour uses a database that processes high volumes of data. The price you pay is calculated on fair usage of the processing capabilities and in particular the use of Contour to run certain volumes of segments. Please ensure that all the segments that you have, are used and valid and that you regularly delete any segments that are no longer needed. RedEye monitors segment volumes on a monthly basis and works with clients to ensure all retained segments remain valid. If your segment volume becomes excessive, RedEye may ask you to delete some of your segments, or to pay a higher fee.

Article 28 Advisory Procedure

GDPR Article 28 outlines RedEye’s responsibilities as your data processor. Under clause 3(h) we need to tell you if we think that something you have asked us to do might infringe the GDPR or any other data protection regulation. This is important and allows RedEye to protect you from potential fines and loss of reputation. This is how we will let you know what we think is wrong:

Your account manager and our Data Protection Officer will complete an Article 28 advisory document outlining what we believe is wrong.
Once you have received this document, we will ask you to confirm to us in writing that you have read and understood it.
If you do not agree with us, you can let us know that you believe the processing is lawful.
One of RedEye’s senior staff will override the infringement and your instructions will be followed.

RedEye may give advice on how to overcome the issue. However, although we have industry experts, they are not solicitors, so any advice given in this respect does not constitute legal advice.

Service Suspension

RedEye monitors the communication templates you create and the data you upload into our system. If we consider, in our reasonable opinion, that you are sending communications that breach, or are likely to breach, laws or guidelines as laid out here, then RedEye withholds the right to suspend provision of Services and block your access to the Service for a reasonable time.

We will never undertake such action lightly and we will always try, where possible, to provide you with prior notice of any suspension or blocking. In such circumstances, we cannot accept responsibility or liability to you for any direct or indirect loss or damage that may arise under this clause.

When we have suspended or blocked access to the Services as stated above, a member of our Account Management Team shall contact you to:

1. Inform you of the action taken or proposed action;

2. Explain why your access to the Services is suspended or blocked;

3. Inform you of the remedial actions that you need to take to rectify the issues;

4. Agree on the timescale for you to take the necessary actions; and

5. Inform you of how RedEye can assist in the actions required.

We will be happy to help you fix the issues that have resulted in your service suspension, but we will need to charge you for the work we carry out on your behalf.

We can reactivate the Services once you have taken the remedial actions. If you do not fix the issues within the timescale agreed, RedEye reserves the right to terminate these Terms upon giving you notice. You will be liable to pay all outstanding fees for remainder of the unexpired Term immediately.

Appendix 1

Prohibited content list in full:

‘Junk mail’, ‘spam’, ‘chain letters’ or pyramid schemes including but not be limited to illegal goods or services, escort services, work from home, Internet Lead-generation, make money on online opportunities and any similar activities, online trading, day trading tips, multi-level marketing, affiliate marketers, credit repair, get-out-of-debt content, content containing pornography or nudity, adult novelty items or references in content, list brokers or list rental services, marketing or sending of commercial email without proper consent, purchase of foreign property or shares in foreign hotels, foreign exchange trading, dating services, payday loans, or any other form of solicitation to any data subjects or third party.