Acceptable Use

TECHNOMIC ACCEPTABLE USE POLICY

LAST MODIFIED: 9/22/2023

This Technomic Acceptable Use Policy (“AUP”) applies to your use of email survey participation invitations and related content provided to you by us (“Content”). This AUP is designed to ensure compliance with the laws and regulations that apply to your use of such Content. These terms are so important that we cannot provide the Content unless you agree to them. By using the Content you are agreeing to these terms.

1. Prohibited Email Actions

a. You may not use the Content as part of emails that constitute spam. Spam can be in the form of bulk email or one-to-one commercial emails.

Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content.

One-to-one commercial emails are spam when they violate CAN-SPAM. One-to-one commercial emails are also considered spam if the data processed for purposes of sending that email is within the scope of the General Data Protection Regulation (“GDPR”) and you do not give notice to individuals and establish a lawful basis of processing.

You may not use the Content in any way (directly or indirectly) as part of sending, transmitting, handling, distributing or delivering: (a) spam in violation of the CAN-SPAM Act or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, (d) commercial electronic messages in violation of Canada’s Anti-Spam Legislation, or (e) in violation of the GDPR.

b. You may not use any misleading or false names, addresses, email address, or subject line.

Email incorporating the Content sent, or caused to be sent by you may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then under our trademark usage guidelines.

If you use email, we recommend that you adopt the Messaging, Malware and Mobile Anti-Abuse Working Group (M3AAWG) Sender Best Communications Practices (“BCP”), which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. The Sender BCP document is available here. You will use commercially reasonable efforts to follow these practices.

c. You may not email purchased lists.

You are prohibited from using the Content to email: (a) purchased, rented, or borrowed lists, and (b) lists that are likely to result in an excessive number of unsubscribe requests or spam complaints or notices, as determined by acceptable industry practices.

2. Email Opt-out Requirements

You warrant that each email you send or is sent for you incorporating the Content will contain: (a) header information that is not false or misleading; and (b) a notice that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information). These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You shall promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” requests.

3. No Disruption

You agree not to:

(a) use the Content in conjunction with any service that affects the normal operation, privacy, integrity or security of another’s property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations; or

(b) use the Content in conjunction with any service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the proper express prior consent to do so.

4. Technomic Trademark Use

Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or contained in the Content, or any identifier or tag incorporated into the Content including: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items we may supply or enable.

5. General Terms

If you are using any Content provided by us, this AUP applies to you. You are not allowed to aid or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be proper, such as complaint and email failure monitoring. We may also suspend or terminate your use of the Content for violations of this AUP.

We periodically update this AUP and we will let you know when we do by posting a revised copy on our website at http://www.technomic.com/acceptable-use. When we change this AUP, the “Last Modified” date above will be updated to reflect the date of the most recent version. You agree to review the AUP on a regular basis and always remain in compliance.