Terms of Service

Last updated on November 3, 2025

 

1. Provision of Services
2. Use of Service
3. Monitoring and Suspension
4. You Products
5. Communications With You
6. Intellectual Property
7. Fees; Payment; Taxes
8. Compliance with Laws
9. Privacy
10. End user Opt-in/Opt-out Requirements
11. Term and Termination
12. Indemnification
13. Representation and Warranties
14. Limitation of Liability
15. Restricted Persons; Export of the Services or Technical Data
16. Notice and Take Down Procedures.
17. Marketing
18. Government Customer
19. Miscellandious
20. Additional Terms
21. Exhibit A

 

CONSTANT CONTACT PROVIDES A VARIETY OF SERVICES, INCLUDING DIGITAL MARKETING AND CUSTOMER RELATIONSHIP MANAGEMENT SERVICES, THAT ARE SUBJECT TO THESE TERMS OF SERVICE (THESE "TERMS"), OUR ADDITIONAL SERVICES TERMS (AS DEFINED BELOW), DATA PROCESSING ADDENDUM ("DPA"), ACCEPTABLE USE POLICY, PRIVACY NOTICE, AND ANY OTHER POLICY REFERENCED HEREIN, THAT ARE INCORPORATED HEREIN BY REFERENCE, EACH, AS MAY BE AMENDED, SUPPLEMENTED OR MODIFIED FROM TIME TO TIME (COLLECTIVELY, THE "AGREEMENT").

 

BY CHECKING THE BOX OR CLICKING THE BUTTON NEXT TO A LINK TO THESE TERMS ON ANY OF OUR SIGN-UP PAGES, BY EXECUTING AN ORDER FORM OR STATEMENT OF WORK THAT REFERENCES THESE TERMS, BY SIGNING UP FOR AN ACCOUNT, BY LOGGING IN TO YOUR ACCOUNT, BY ACCESSING ANY PART OF THE SERVICES (INCLUDING BY MEANS OF ANY API INTERFACE), YOU, AS A CUSTOMER OF THE SERVICES OR A REPRESENTATIVE OF AN ORGANIZATION THAT IS A CUSTOMER OF THE SERVICES (COLLECTIVELY, "CUSTOMER" OR "YOU"), REPRESENT AND WARRANT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE SERVICES IS TRUE, ACCURATE, CURRENT AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE ORGANIZATION YOU HAVE NAMED AS THE AUTHORIZED USER, AND TO BIND THAT ORGANIZATION TO THE AGREEMENT. NOTE THAT BY REPRESENTING AND WARRANTING TO THE ABOVE, YOU ARE MAKING A LEGALLY ENFORCEABLE AGREEMENT.

 

Certain features of the Services, including some available as add-ons to your Constant Contact account, are subject to additional terms and restrictions (the "Additional Services Terms"). Any add-ons or features you choose to use will be subject to the Agreement and the Additional Services Terms. In the event of any conflict between the Agreement and the Additional Services Terms, the Additional Services Terms will control with respect to your access to or use of the applicable feature of the Service.

 

We may change any terms of the Agreement, including these Terms, by posting a revised version on our website. Unless you terminate your account, the revised Agreement will be effective immediately upon posting or the effective date indicated in the new version, as applicable, and apply to any continued or new use of the Services. We may change the Services, or any features of the Services at any time, and we may discontinue the Services or any features of the Services at any time. If you do not agree with the terms of the Agreement, you must immediately discontinue your use of the Services. We recommend that you regularly check our website to view the then-current terms.

 

We may refuse service, close your accounts or the accounts of any Authorized Users, and change eligibility requirements at any time, in our sole discretion.

 

DEFINITIONS

 

For purposes of the Agreement, the following capitalized terms shall have the meanings indicated below. Whenever the words "include", "includes" or "including" are used in the Agreement, they shall be deemed to be followed by the words "without limitation".

 

"Constant Contact", "we", "us" or "our" means Constant Contact, Inc. or its applicable subsidiary as specified in the "Contracting Entity" section of these Terms.

 

"Intellectual Property Rights" means any and all intellectual property, industrial property, and other proprietary rights throughout the world, including all rights in, to, or arising out of patents, patent applications, inventions (whether patentable or not), invention disclosures, trade secrets, know-how, proprietary information, works of authorship, copyrights, mask works, moral rights, trademarks, service marks, software, data, technology, layout designs and design rights, and all registrations, applications, renewals, extensions, or reissues of any of the foregoing.

 

"Order Form" means the form evidencing the initial order for Services, including any addendum or online confirmation form, and any subsequent orders separately entered into by you and us. Each Order Form shall be incorporated into and become a part of the Agreement.

 

"Professional Services" means, collectively, any consulting, marketing, managed design, customizations and development services specifically set forth in a Statement of Work.

 

"Sensitive Personal Data" means (a) all government-issued identification numbers, including Social Security numbers, driver's license numbers, license plates, and passport numbers, (b) all financial account numbers, including bank account numbers, credit/debit card numbers, passwords and other information if that information would permit access to a financial or other account, (c) security credentials, (d) protected health information, and (e) any other personal data designated by applicable law as "sensitive personal data," "special categories of data" or similar designation.

 

"Services" means, collectively, all our products and services and related offerings, features and functionalities, including email and digital marketing services, Communities and Marketplaces, Text Services, lead generation and customer relationship management services, Professional Services, our website and any related sub-site, user interface designs, applications, including, without limitation, our mobile application, AI Tools, processes, software, source code, application programming interfaces, systems delivered or accessible through any media or device, images that are made available by us through any email design tools, designs, templates, text, graphics, video, information, audio and other files, support, analytics, additional services and all related materials and documentation, and any and all enhancements and modifications thereto, provided by or on behalf of us to you pursuant to the Agreement.

 

"Statement of Work" means a statement of work or similar document mutually agreed by Customer and us for the provision of Professional Services and that is governed by the Agreement.

 

"Text" means short message services ("SMS") and/or multi-media services ("MMS").

 

"Text Services" means the features and functionalities provided by Constant Contact to send Texts for marketing and transactional purposes.

 

1. Provision of Services.

 

1.1 Access. You are granted a limited, non-exclusive, revocable, non-transferable, non-sublicensable, worldwide limited right to access and use the Services.We may permit you to authorize additional users to use your account(s). For purposes of the Agreement, you are the "Account Owner" and any other users you authorize will be deemed "Authorized User(s)." To the extent applicable, Authorized Users that you appoint as your administrators shall have the authority to act on your behalf to perform administrative duties, enter into binding agreements and incur Fees (as defined below). You will be responsible for all activity occurring under your account(s), including each Authorized User's compliance with the Agreement.

 

1.2 Restrictions. You will not, and will not permit any Authorized User or other party to: (a) modify, adapt, alter, translate, or create derivative works of the Services; (b) sublicense, lease, rent, loan, distribute, or otherwise transfer the Services to any third party; (c) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Services, except to the extent expressly permitted by applicable law (and then only upon advance written notice to us); (d) use or demonstrate the Services in any other way that is in competition with us; (e) remove any notice of proprietary rights from the Services; (f) attempt to gain unauthorized access to, or disrupt the integrity, performance or security of the Services or the data contained therein; (g) attempt to probe, scan or test the vulnerability of any Service or to breach the security or authentication measures without proper authorization; (h) use or copy the Services, except as expressly allowed herein or (i) use the Services in violation of our Acceptable Use Policy.

 

1.3 Contracting Entity. The Constant Contact entity that you are contracting with is Constant Contact, Inc., unless you have subscribed to or are subscribing solely to our lead generation and customer relationship management services, in which case, the Constant Contact entity that you are contracting with is SharpSpring Technologies, Inc., a wholly owned subsidiary of Constant Contact, Inc. While the Constant Contact entity contracting with you remains fully liable and responsible for all applicable obligations under the Agreement, the parties acknowledge that certain obligations under the Agreement may be fulfilled by other Constant Contact subsidiaries, including Constant Contact, Inc.

 

2. Use of the Services.

 

2.1 General Rules of Use. By agreeing to the Agreement, you agree to comply with our Acceptable Use Policy and with the following in connection with the use of the Services:

 

(a) You may not use the Services to send spam;

 

(b) You may not use the Services if you are a person or you are a member of an organization that has publicly stated that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm; and

 

(c) You may not distribute content that is materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances.

 

In the event that we determine, in our sole discretion, that you are not complying with this Section and/or our Acceptable Use Policy, we may terminate your access to or use of the Services, disable your account or access to the Services, and/or remove all or a portion of your content, in each case, without notice or liability and without refund.

 

2.2 Username and Password. You are responsible for maintaining the security of your account, usernames, passwords and files (including the passwords and files that your Authorized Users, if any, have access to). You may not share your username and/or password with other individuals. You authorize us to act on any instructions reasonably believed by us to be authentic communications from you or any Authorized User. You will be solely responsible and liable for any activity that occurs under your username and the activities of your Authorized Users, if any, and we shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use or access of your account or any other known or suspected breach of security. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes.

 

2.3 Account Disputes. You will not request access to, or information about, an account that is not yours, and you will resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we may require you to resolve the matter through proper channels outside of Constant Contact. When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

 

2.4 Equipment. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including modems, hardware, servers, software, operating systems, networking, web servers (together, the "Equipment"). You are also responsible for maintaining the security of the Equipment and for all uses of the Equipment with or without your knowledge or consent.

 

2.5 Backups. You are responsible for making frequent backup copies of your contacts and content. We are not obligated to provide you with a way to download or otherwise export your contacts and content out of the Services.

 

2.6 Footers. For every listing, message or campaign sent or distributed via the Services, you agree that we may add a link to the Services and a statement such as "Email Marketing by Constant Contact", "Powered by Constant Contact" or similar statements in the footer or other similar location that does not unreasonably obscure the message or campaign.

 

2.7 Automated Data Collection. You consent to us collecting data from your website, including websites not provided by us, through automated means, such as through harvesting bots, robots, spiders, or scrapers ("Automated Data Collection") and the use of that data for internal business purposes and to provide you with content in connection with your use of the Services, including automatic email templates. We will not use Automated Data Collection to collect data from your website if you have set the /robots.txt file to disallow such collection.

 

2.8 Delivery of Content. You understand that (a) not all content, including emails, campaigns and Texts sent through the Services will be received by or will be capable of being viewed by their intended recipients or will be viewable by your recipients in the same way they appear in the Services environment, and (b) delivery of content by means of the Services may involve transmissions over various networks, and that the content could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that content exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.

 

2.9 Assistance. You acknowledge that we may from time to time provide you with marketing advice and other coaching, template design, frequently asked questions and general tips on best practices and compliance with applicable law, including, and any sample offer terms. You acknowledge that such assistance and information is provided as a convenience to you and that such assistance and information are not intended to and do not constitute legal advice and that no attorney-client relationship is formed.

 

2.10 AI Tools.

 

(a) The Services integrate and offer artificial intelligence-powered tools (the "AI Tools"). The AI Tools are part of the Services. Your use of the AI Tools must be in compliance with the Agreement, including our Acceptable Use Policy.

 

(b) You can use the AI Tools to generate marketing content based on your text, images, instructions or other content (collectively, "Inputs"), or otherwise assist you in connection with the use of the Services. The content, data, visuals, advice, recommendations and any other output generated by the AI Tools (collectively, "Outputs") may not be unique and may be the same or similar for other customers. The Outputs may not be protectable under copyright or other intellectual property, proprietary rights, or other law. You must ensure that the Inputs and the Outputs do not infringe the Intellectual Property Rights of Constant Contact or any third party.

 

(c) Constant Contact uses third party services in connection with the AI Tools, including to generate Outputs. You agree that such third parties may process, use and store your Inputs and Outputs pursuant to their applicable terms of service and policies.

 

(d) You hereby grant Constant Contact a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free, sublicensable license to access, use, modify, display, publicly perform, distribute, copy, create derivatives from and process any and all Inputs and Outputs for any purpose, including to develop and improve the AI Tools, the Services, and similar features.

 

2.11 Legacy Products. If you are using a Constant Contact legacy service, some of the features and limits that apply to that service may be different than those that appear in the Agreement, service terms and/or services descriptions. Constant Contact may migrate you to current Services at any time. You may upgrade to current Services through your account.

 

3. Monitoring and Suspension. Although we have no obligation to monitor the content provided by you or your use of the Services, including Your Products (as defined below), we may do so. We shall be entitled, without liability to you, to immediately suspend, terminate or limit your access to the Services at any time, delete or confiscate all or a portion of your contacts, files, and/or content, and/or terminate the Agreement for any reason in our sole discretion, including a determination by us that (a) the Services are being used by you, or your Authorized Users, in violation of any applicable laws or regulations or the Agreement, including our Additional Services Terms, Acceptable Use Policy and Privacy Notice, (b) the Services are being used by you in an unauthorized, inappropriate, or fraudulent manner, (c) the use of the Services by you adversely affects our equipment or service to others, (d) we are prohibited by an order of a court or other governmental agency from providing the Services, (e) there is a security incident or other disaster that may impact the Services or the security of the Services, your account or your content, or (f) any Fees due under the Agreement is not received by us within fifteen (15) days after it was due. You further understand and agree that we and any applicable third party that supports, posts, publishes or distributes any content provided by you, including content provided through Your Products, has the right to reformat, edit, monitor, reject, block or remove any such content at any time or for any other reason.

 

4. Your Products.

 

4.1 The Services may permit you to, among other things, (a) create an e-commerce store ("Store") for selling your products and/or services ("Store Content"), (b) book appointments with your users ("Appointments"), (b) communicate about or administer contests, competitions, sweepstakes, or other similar promotional events ("Promotions"), (c) sell your products and services and tickets to your events to your subscribers and others in the form of various promotional deals, coupons, tickets, vouchers, passes or cards (each, a "Deal"), or (d) collect donations (each a "Donation Campaign," and together with Store, Store Content, Appointments, Promotions, collectively, "Your Products").

 

4.2 You are solely responsible for Your Products, including any and all injuries, illnesses, damages, claims, liabilities and costs suffered in respect thereto. You shall be responsible for all costs of procuring and delivering Your Products, including any associated shipping, taxes and any other fees associated therewith.

 

4.3 You will be solely responsible for any and all statements and promises you make and for all user assistance, warranty and support of Your Products, and to comply with any promises you make to your customers, users, donors and donees. You further agree to provide your contact information for any end-user questions, complaints or claims. To the extent applicable, you shall ensure that the rules for each Promotion (a) state that each entrant or participant unconditionally releases us of any liability arising from the Promotion, and (b) inform each entrant or participant that the Promotion is in no way sponsored, endorsed or administered by, or associated with, us.

 

5. Communication With You.

 

5.1 You consent to receiving electronic and telephone communications from us, including by email, Text, a live person, automatic dialer, pre-recorded message or a combination of the foregoing, (a) to discuss the Services or to inform you of changes or additions to the Services, the Agreement or the Fees, (b) to confirm your identity and help protect the security of your account, including through multi-factor authentication (MFA), (c) to inform you of violations of the Agreement or actions relating to your access and use the Services, or (d) for marketing and other purposes, including to provide you with special offers or to market other Constant Contact or third party services. Upon request, we may also contact you via telephone (including by automatic dialer or pre-recorded message) or via Text in order to provide you with your password or other information you request. You do not need to agree to this provision in order to use the Services and if you would like us not to contact you by telephone, please complete the form Do Not Call Form. Additionally, you may unsubscribe from our marketing communications at any time, although you will continue to receive transactional messages from us.

 

5.2 You agree that we may monitor or record any of your telephone conversations, chatbot communications and Texts with us for quality control purposes, for purposes of training our employees, and for our own protection. You further agree that any Authorized Users or anyone else you authorize to use your account consents to such monitoring or recording as well. You acknowledge that not all telephone lines or calls may be recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved or even if retained and retrievable will be made available to you.

 

5.3 The Agreement is in the English language only, which language will be controlling in all respects, and all versions of the Agreement in any other language will be an accommodation and will not be binding upon the parties. In the event of a dispute the parties confirm that the English language version of the Agreement shall govern. You agree that all communications to be made or given pursuant to the Agreement and the Services will be in the English language.

 

6. Intellectual Property.

 

6.1 We own and shall retain all right, title and interest in and to all Intellectual Property Rights in the Services and Professional Services. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Services or Professional Services, including any right to obtain possession of any software, source code, data or technical material related to the Services or Professional Services.

 

6.2 You own any information that you provide to us in connection with your use of the Services, such as contact lists and other content (including your website) (collectively, "Customer Data"). You grant us a limited, non-exclusive, royalty-free, worldwide license, with the right to sublicense, use, reproduce, publish, distribute, perform and display your Customer Data in order (a) to provide the Services under the Agreement, (b) to develop services, and (c) to comply with any court order, legal process, law, regulation or any request from a governmental, regulatory or supervisory body. We may use and disclose aggregated data that does not identify Customer or any natural person for our legitimate business purposes, including improvements to the Services, product development, research and marketing.

 

6.3 You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of Customer Data, and you are responsible for maintaining, securing and storing your contacts and content in accordance with applicable law and any contractual obligations you may have (including the Agreement).

 

6.4 If you submit any suggestions, business information, ideas, concepts or inventions or content to us through the Services or otherwise ("Submissions"), you agree that each such Submission is non-confidential for all purposes and you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Submission in any manner or in any media now known or hereafter created. You grant us and our sublicensees the right to use the name that you use in connection with such Submission, if we or they choose.

 

7. Fees; Payment; Taxes.

 

7.1 Fees. In consideration for the Services and Professional Services, you agree to pay us the then-current fees set forth in the "Account" section of your account unless otherwise set forth in an applicable Order Form or Statement of Work ("Fees"). We may change any of our Fees at any time effectively immediately by posting a new pricing schedule to the Services or in your account and/or sending you a notification by email. You are responsible for reviewing the Fees from time to time and remaining aware of the Fees charged by us and any applicable discounts. You acknowledge and agree that our calculations are the definitive measurements for any payment due and owed hereunder.

 

7.2 Other Billing Arrangements. If you receive the Services by means of one of our resellers or partners (each, a "Reseller"), the Reseller may be responsible for billing you for the Services and you may be subject to a different fee schedule and additional terms and conditions. You are responsible for reviewing your fee schedule and any additional terms and conditions. In the event of any conflict between the Agreement and the Reseller's terms and conditions, the Agreement shall control except with respect to the payment provisions set forth in this Section. If you cease to be a customer of a Reseller, any special pricing, benefits or terms may no longer be available to you. We may rely on information provided by the Reseller, if any, with respect to the status of your account.

 

7.3 Disputes. Notwithstanding anything set forth herein to the contrary, any disputes about any charges to you under the Agreement or applicable Order Form or Statement of Work must be submitted to us in writing within sixty (60) days of the date such charges are incurred. You agree to waive all disputes not brought within the sixty (60) day period, and all such charges will be final and not subject to challenge.

 

7.4 Payment. We will charge you the Fees in advance, unless otherwise set forth in an applicable Order Form or Statement of Work. Payment shall be made by a payment method accepted by us. Fees are only payable in the currencies made available to you when you purchase the Services or as set forth in the applicable Order Form or Statement of Work. Checks may be accepted for prepayments of at least six months. If you are paying by credit card, (a) you hereby irrevocably authorize us to charge the credit card or other payment method provided for any such amounts when due, (b) amounts due will be automatically charged, (c) if your credit card is declined, we will attempt to reach out to you for a new payment method, and (d) if your credit card expires, you hereby give us permission to submit the credit card charge with a later expiration date. If we fail to resolve an issue with you resulting from a credit card decline or expiration, we may terminate the account due to non-payment. Late payments, including those resulting from credit card declines, may accrue interest at a rate of one and one-half percent per month, or the highest rate allowed by applicable law, whichever is lower. If we must initiate a collections process to recover Fees due and payable hereunder, then we shall be entitled to recover from you all costs associated with such collections efforts, including reasonable attorneys' fees and expenses.

 

7.5 Taxes. "Tax" or "Taxes" means all applicable taxes, including indirect taxes such as goods and services tax ("GST"), value added tax ("VAT"), sales tax, fees, duties, levies, or other similar taxes. Any Fees or any other amounts are exclusive of Taxes. In the event that any amount payable by you to us is subject to Taxes, we will collect the full amount of those Taxes from you and the collection shall not reduce the amount to which we are entitled. You must pay any applicable Taxes. In the event that any payments and/or amount payable by you to us is subject to (a) any withholding or similar tax, (b) any Taxes not collected by us, or (c) any other Taxes or other government levy of whatever nature, the full amount of that Tax or levy shall be solely your responsibility and shall not reduce the amount to which we are entitled under the Agreement. You will reimburse us and indemnify against any and all claims by any competent tax authority related to any Taxes, including withholding or similar Taxes, penalties and/or interest that we may be compelled to pay on account of your non-payment.

 

7.6 Trials. We may offer new customers a promotional free trial account to the Services for a limited time (the "Trial"). Trial accounts may have limited features and functionality, including the number of emails you may send monthly. Upon the expiration of the Trial, if you provided payment information, (a) your account will automatically convert to the paid account you selected, and (b) you will be charged the then current Fees for such paid account. If you did not provide payment information when you signed up for your Trial, (i) you may subscribe to a paid account at our then current Fees, and (ii) you will be provided with the features of a paid account. Any Customer Data you uploaded during the Trial will remain available in your paid account. If you do not subscribe to a paid account, your access to the Trial Account will terminate upon expiration of the Trial period.

 

7.7 Promotional Offers. We may offer promotional discounts on your subscription to the Services ("Offers"). Any Offers are for a limited time and exclude accounts with compliance issues. If you cancel your account during the applicable promotional period, the Offer will immediately terminate. Pausing your account or changing your marketing plan does not extend the applicable Offer. Offers may not apply to certain features or add-ons like Text Services and Offers cannot be combined with other Constant Contact promotional discounts or offers. We may change any Offer and associated pricing at any time without notice.

 

8. Compliance with Laws.

 

8.1 You represent and warrant that your use of the Services, including in connection with Your Products, will comply with all applicable laws and regulations. You are responsible for determining whether the Services are suitable for you to use in light of your obligations under any applicable laws or regulations. You agree to comply with all applicable federal and state laws, regulations, industry guidelines applicable to the Services, including the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Telephone Consumer Protection Act, including laws that restrict when Texts may be lawfully sent, or other laws that apply to commerce.

 

8.2 If you collect and use any personal information pertaining to a minor and store such information within your account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

 

9. Privacy.

 

9.1 Privacy Laws. Each party shall comply with all laws and regulations of the relevant jurisdictions that apply to its respective performance of obligations and exercise of rights under the Agreement, including the Regulation (EU) 2016/679 of 27 April 2016, General Data Protection Regulation (the "GDPR"), the California Consumer Privacy Act (the "CCPA"), as amended by the California Privacy Rights Act (the "CPRA"), Brazil's Lei Geral de Proteção de Dados Pessoais ("LGPD"), the Australian Privacy Act 1988 and other U.S. federal or state data privacy and data protection laws, and related implementing regulations (collectively, "Data Privacy Laws").

 

9.2 Customer Warranties. You warrant that you (a) have complied, and shall continue to comply, with Data Privacy Laws in your collection, processing and provision to us of personal information, and (b) shall not process any personal information using the Services, or permit us to process any personal information, in breach or contravention of any order issued to, or limitation of processing imposed on, you by any regulatory authority.

 

9.3. Privacy Notice. Please read our Privacy Notice for information regarding how we collect, use, and disclose your personal information and personal information in Customer Data, and the privacy rights available to you when you use and interact with the Services

 

9.4 Data Processing Addendum. To the extent we process your contacts' or customers' personal information that is protected by Data Privacy Laws as a processor on your behalf (all as defined in our DPA, you and us will be subject to and comply with the DPA, which is incorporated into and forms an integral part of the Agreement. The DPA sets out our obligations with respect to data protection and security when processing your personal information on your behalf in connection with the Services.

 

9.5 Sensitive Information. You will not import or incorporate into any contact lists or other content you upload to the Services or our servers that contain any Sensitive Personal Data. If you are a covered entity under the Health Insurance Portability and Accountability Act of 1996 and you believe the content you import to the Services or our servers may constitute protected health information due to its association with your account, you should contact us at legal@constantcontact.com to request a business associate agreement ("BAA") prior to using the Services with your contacts. Whether or not we enter into a BAA with you, the Agreement, including the prohibition on importing or incorporating nonpublic personal information, remains in effect for your account. You agree not to import or incorporate any protected health information in the Services other than the fact that the individuals on your contact lists may have a relationship with your business.

 

9.6 Customer Privacy Notice. You will adopt and comply with a legally sufficient "customer privacy notice." Your privacy notice will be posted so that your contacts have notice of your data collection and use practices, including your practices with respect to contact data that you obtain from us, and will otherwise comply with Data Privacy Laws. We have provided you with information regarding our use of contact data in our Customer Contact Data Notice, which may be modified by us from time to time. Your customer privacy notice will either adopt the Customer Contact Data Notice or include substantially similar disclosure (and update such disclosure from time to time) so that your contacts are aware of how their data is used by you and us.