TERMS AND CONDITIONS OF USE

This document (previously referred to as the Code of Ethics) describes the Terms of Use of the magnews SaaS platform, with the understanding that the terms set forth below are fully valid and applicable even in the case of on-premises service provision.

IMPORTANT FOREWORD

The Terms of Use contain provisions that must be shared, promoted and observed by all customers.

It is specified that the Terms of Use do not intend to legally approve the use of the databases or of the content conveyed through the customer’s own platform, but only to reiterate simple rules for the protection of Diennea’s business and of the performance of the services offered to customers through magnews: in any event , customers remain obliged to obtain any type of authorization necessary to use the databases and convey the content they upload onto the platform and/or on the landing pages linked to the messages sent.

PROHIBITED CONTENT

CE000 – Any content that is defamatory, that promotes or discloses directly or indirectly illegal activities in violation of criminal, civil or administrative law

CE001 – Discrimination against groups of people, ethnic origin, nationality, skin color, religion, disability, sex, age, sexual orientation, gender identity

CE002 – Incitement to self-harm and violence against people, animals, other people’s property, public goods, or institutions, at any territorial level

CE003 – Pornographic content (text, images, situations or other details)

CE004 – Pornographic services

CE006 – Prostitution services, escorting

CE007 – Bad language, blasphemy

CE008 – Political or non-political incitement to racism, violence, riot, crime, etc.

CE012 – Sale or promotion of medicines, supplements, slimming products or illegal drugs not approved by the laws in force in the countries to which the messages are sent

CE020 – Offers of loans to cover debts proposed by entities other than banking, insurance or financial institutions, or other than financial and insurance intermediaries governed by current law as well as financial agents and credit brokers

CE023 – Misleading advertising

CE024 – Fortune-telling or medium services

CE026 – Introducing viruses, malware, and any type of code that may be harmful or dangerous

CE025 – Using content that is copyrighted by a third party or otherwise subject to another party’s proprietary rights (including privacy rights or publication rights) without a valid license, authorization, consent, and/or permission from the rightful owner (or licensor)

CE027 – Any promotional activity that contains third party trademarks and logos, whether or not they are contrived, modified, and/or likely to create confusion with the trademarks and brands of others’ businesses, products and/or services or to mislead the public, without a valid license or other valid permission for the legitimate use of the same by the legitimate owners (or licensors) of the relevant moral and economic exploitation rights

CE051 – Message not traceable back to consent

CE052 – Message with generic sender/alias and/or object such as not to identify the physical or juridical person on whose behalf the message is sent

CE053 – Promotion of third party services for trading activities

CE054 – Promotion of pyramid schemes, models or systems and multi-level marketing on behalf of third parties

CE055 – Use of invalid, non-existent or anonymous domains

CE057 – False comments and/or testimonials

CE058 – Use of subjects and/or content that simulates responses to messages sent (e.g. “RE: …” or “FWD: …”)

CE059 – Transmission of content that may in any way harm third parties and in particular minors

PROHIBITED DATABASES

CE029 – Without the prior and explicit consent of the contact (data subject), where required under applicable law

CE061 – Contacts from data sources without appropriate measures to prevent abuse by automated systems (e.g., forms not protected by CAPTCHA check)

CE031 – Bought from third parties

CE032 – Loaned/Received

CE035 – Public directories

CE036 – Harvesting

CE038 – B2C customers without consent

CE040 – Unused for more than 12 months

CE041 – Containing spam traps

CE044 – Unrecognizable unsubscribe link, lack of unsubscribe or consent origin/responsible person indications

CE046 – Unsubscribe link not working

CE048 – Failure to handle abuse reports within legal deadlines

CE049 – Failure to demonstrate consent tracing on request

CE060 – Distribution lists and newsgroups