Hello!
We're writing to let you know about some important changes we’re making to our Standard Terms of Use (STOU) and Data Processing Addendum (DPA). These changes are effective October 28, 2020 and will automatically become part of our contract with you. We encourage you to review these changes at your earliest convenience.
First, we’ve made several improvements to address regulatory changes following the recent invalidation of the Privacy Shield. You’ll find more details about these changes in the bulleted list below.
We’ve also updated Section 17 of our STOU to clarify what kinds of Content are prohibited for distribution using the Mailchimp platform. Additionally, we’ve clarified that we may enforce our STOU or Acceptable Use Policy (AUP) by issuing a warning to, or suspending or terminating an account.
Finally, we’ve added language to Section 39 of our STOU clarifying our use of Beta Services, which are products released in a limited capacity for testing purposes.
Here’s more information on the changes and improvements we've made: - We’ve added language clarifying our use of Beta Services. In the course of doing business, we release certain features that are identified as beta, pilot, or preview services. These Beta Services are provided for testing and evaluation purposes and may not be as reliable as other features of our Service (Section 39 of STOU).
- We’ve updated our language to further clarify our Rules (Section 17 of STOU), which state that Mailchimp does not allow the distribution of Content that is, in our sole discretion, materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances.
- We’ve incorporated the Standard Contractual Clauses (SCCs) for controllers, which apply to those instances when we transfer and process EU data as a controller (e.g., for billing, administrative, and other purposes) (Section 15 of STOU).
- We've provided additional clarity around when the DPA forms part of our contract with you (Section 20 of STOU).
- We've updated the DPA to include the SCCs for processors in full (Annex C). Although the SCCs already formed part of our DPA, including them in full helps us better understand our respective obligations when transferring EU data under the SCCs.
- Finally, we've made some other important changes to address EU data export compliance. For example, we’ve included additional information clarifying our commitments to you about how we respond to government data access requests (Annex D of DPA).
You can find out more about Mailchimp’s data export compliance here. As always, if you have any questions about these changes, please feel free to contact us directly at legal@mailchimp.com.Thanks for being a Mailchimp customer.
Best regards,
The Mailchimp Legal Team |
