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Don't worry about how to find your next customer anymore! With email marketing, you can get in touch with thousands of leads by selecting the best target for your business.
Do your customers need website traffic management? Do they need support for setting up or sending an email marketing campaign? Or you just want to offer them a database with more than 8,000,000 accredited contacts worldwide?
Between: The company Bancomail S.p.A. (hereinafter referred to as Bancomail), incorporated under the laws of Italy, with legal head office in Genoa, Piazza della Vittoria 15/23, registered with the Company Register of Genoa under no. 506965, Tax code and VAT ID no. 02727350999
AND: The company signing the agreement (hereinafter referred to as Partner)
The Partner hereby declares to be aware that:
a) bancomail.it, bancomail.com websites and the Bancomail brand are entirely property of a) i siti internet bancomail.it, bancomail.com e il marchio Bancomail sono interamente proprietà di Bancomail S.p.A.
b) for the purposes of this agreement, the Partner is entitled to use Bancomail badges (name, brand, logo and other equivalent material) as long as inform Bancomail on the methods and places of such use, without the obligation to transfer them to unauthorized third parties.
The main purpose of this agreement is the direct sale or mediated sale (see Item 6) of company directories (hereinafter referred to as "Data"). As not specifically set out in the following clauses, shall apply the provisions set forth in the Code of Civil Procedure concerning sale and purchase agreements (Art. 1470 and following of the Code of Civil Procedure).
Is a Partner, any company or free professional that, given the nature of their activity, is able to cooperate with Bancomail in supplying Data to potential buyers.
Compatible activities include, for example: Marketing and Communication companies (Web and traditional), Web agencies, Web design agencies, Software houses, Internet providers. A Partner is qualified and authorized by Bancomail Management, after an assessment of the Partnership application submitted by the candidate partner.
All documents, information and data (including this agreement) that the Partner may obtain throughout its collaboration with Bancomail are considered secret and confidential.
The Partner undertakes not to disclose them to third parties and not to use them against Bancomail . It also undertakes to make sure that its employees and the people involved in the implementation of the operations related to the agreement, particularly concerning prices and discounts, comply with the confidentiality clause.
- Discount on the official Italian and foreign database list
- Discount on the official Italian and foreign database list
- Priority channel for request processing
- Supply of commercial and didactic material (national and foreign regulations and legislations, privacy models, official lists in several formats, Bancomail logos, etc.)
- Personal Area with customer, order, request, quote, claim, credit and coupon monitoring.
- Consultancy and information on Partner's specific cases (e.g. legislation in force in other countries, transmission tools, etc.)
Available discounts at the issue date of this agreement:
- Databases up to 10,000 records: 25%
- Database from 10,001 to 20,000 records: 28%
- Database from 20,001 to 30,000 records: 30%
- Database from 30,001 to 50,000 records: 35%
- Database for more than 50,000 records: 40%
Note: - Bancomail can decide to change the prices and discounts listed above. These changes shall be notified to the Partner with a notice of 30 days of their application..
Compliance with Bancomail policies on contractual terms and conditions regarding the purchase and the transfer of the lists.
Compliance with Bancomail policies on EU Privacy regulations
In case of resale to a customer, is required the disclose of Bancomail's privacy policy and to monitor the implementation thereof (the policies can be found at the page http://www.bancomail.com/en/resources/email-marketing-rules), and in particular the safety measures and the Data Subject's rights concerning privacy as set forth in the current legislation (leg. decree 196/03). These rights include the erasure, rectification, or integration of personal data.
The price for the purchase of Data shall be paid as follows:
a) in case of on-line sale, with a one-off payment by bank transfer or on-line credit card upon the conclusion of the agreement.
b) in case of off-line sale, otherwise, with an advanced bank transfer.
c) if not agreed, but in any case validated by Bancomail Management by written notification, with deferred methods that can vary according to the order features.
Bancomail guarantees:
a) the accuracy (at the time of the purchase) of the emails from the Data subject of this agreement. Any email addresses that do not work on the first mailing attempt, or in any case within and not later than sixty days of delivery, shall be reimbursed in the following ways:
Refund and cancellation of the amount corresponding to invalid addresses.
Discount coupon with additional charge (30%) valid for subsequent purchases.
A Registry Credit, equal to the number of unsuitable records, to be scaled on subsequent purchases exclusively by quotation (free and tailor-made).
b) the lawfulness of Data collection and processing in compliance with the privacy legislation in force.
Any liability or warranty other than those provided above is excluded, without prejudice to the limits referred to in Art. 1229 of the Code of Civil Procedure. Postal addresses, telephone numbers and/or faxes are not covered by warranties..
The Partner is entitled to choose, on time to time, the type of purchase according to the following options:
1. Purchase for business use
2. Purchase for resale to customer
Case 1) The Partner purchases Data for internal use (generally for the promotion of its activities). Personal information and invoicing details are submitted to Bancomail by the Partner, at the time of the order. In the same way, the guarantees referred to in Art. 7 of this agreement will cover only the Partner.
Bancomail will invoice to the Partner the price of the database minus any accrued discount and will send him the relevant data.
Case 2) The Partner purchases Data on behalf of its Customer. In this case the Partner has to communicate, also through the additional section of the purchase form, the Customer's data (company name, municipality, province, country) and to include in its invoice to the Customer the identification data of the database resold with the following wording "Bancomail database order ID" and the corresponding identification code.
The data of the Partner's Customers will be covered by the non-competition clause and they shouldn't be used by Bancomail for the promotion of its services. Bancomail will invoice to the Partner the price of the database minus any accrued discount.
The guarantees referred to in Art. 7 should cover the Partner's Customer. The Partner is entitled to invoice again the Bancomail database at the appropriate price and/or include it in wider marketing and consulting services.
The data will be sent to the Partner that should put them at its customer disposal.
The resale to more than one customer of the database provided and identifiable through the order identification code is expressly prohibited..
If the Partner does not intend to purchase directly the database, it can refer to Bancomail , any customers interested in the purchase, providing to Bancomail Staff the general information and the request details of the Customer.
In this case, if at the end of the sales procedure, the Partner's Customer purchases the database, to the Partner will be recognized a fee equal to its discount, minus any discounts recognized directly to the customer and previously agreed with the Partner. The accrued fees will be deposited via bank transfer followed by the invoice receipt of the beneficiary Partner.
Any future purchases made directly with Bancomail, by the Partner's customer, shall give the right to a full or reduced "refund", according to the purchasing methods..
Delivery times can change due to the checks that Bancomail carries out on the lists within the 24 hours prior to delivery. Those checks are performed to ensure the validity of the Data provided to the Customer. Bancomail shall not be held accountable for any delay directly or indirectly caused by such checks; nevertheless any such delay is a binding part of this agreement. By signing this agreement, the Customer hereby gives its consent.
If the Partner or its Customers ask for a copy of the purchased goods, this will be provided by Bancomail free of charge. The Partner or its Customer shall keep the Data safe along with a safety backup.
The use of the Data and/or Products of this agreement is limited only to the activities permitted by the current legislation, in particular by Law 675/96 and following amendments; leg. decree of December 28, 2001, no. 467; leg. decree of June 30, 2003, no. 196. If the data are used for unlawful activities, Bancomail reserves the right to take actions against the Customer.
If, for any reason, the payment is not made within the established period (see Art. 3 above) Bancomail shall be entitled to late payment interests at the rate set in Art. 5, leg. decree of 9/10/2002, no. 231.
The Partner undertakes to compensate, indemnify and/or hold harmless Bancomail (as well as its employees, collaborators, and legal representatives in any capacity) in case of claims and/or legal actions taken against Bancomail before any court due to an unlawful and/or improper use of the Data by the Partner or its Customer.
Bancomail shall collect and file the records and the commercial data referred to this agreement for the following purposes: a) to fulfill fiscal and tax obligations; b) to send technical communications to the customers; c) to send commercial communications to the customers; d) the Data may be disclosed to either partner or non-partner companies for the purposes referred to above. The supply of the data described in a) and b) is mandatory to comply with the legal requirements. Bancomail authorizes the Partner to a similar process of its data.
After the delivery of the Products and/or Data, the Partner and/or its Customer shall immediately verify the conditions thereof. Any complaints regarding the functionality of the email addresses shall be submitted within sixty days of the order date by communicating to Bancomail offices - using an electronic format and one single mail - only the invalid email addresses, the order identification code, information about the method used to deliver the messages and a copy of the sent message. Complaints about different features and information than those listed above will be rejected.
Bancomail may transfer to third parties all or part of the rights and obligations undertaken pursuant to this Partnership agreement.
This agreement is regulated by the laws of Italy. The Court of Genoa shall have exclusive jurisdiction over any disputes arising out of or in connection with the interpretation, implementation or resolution of this agreement.
These provisions replace any previous agreement concerning the data providing, products and services specified in the Purpose (see Art. 2 above) by Bancomail . Any change and/or integration to these provisions shall be registered in a written agreement signed by both parties.
Contractual clauses to be specifically approved pursuant to Articles 1341 and 1342 of the Code of Civil Procedure. The Partner declares that he/she has carefully read and agrees to the following clauses:
Article 3 - Partner qualification and confidentiality clause;
Article 4 – Partner benefits;
Article 5 – Partner's obligations;
Article 6 - Payment terms and conditions;
Article 7 - Guarantees;
Article 8 – Types of purchase and operating modes;
Article 9 – Customer's report;
Article 10 – Delivery times
Article 12 – Use of data. Liability;
Article 14 – Obligation to hold harmless;
Article 16 – Claims;
Article 18 – Applicable law. Competent court.
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Bancomail S.p.A. (P.IVA: 02727350999 - REA: GE 506965), with Legal Head Office located in Piazza della Vittoria 15/23, Genova, IT and operational headquarters in Piazza della Vittoria 12/32
Telephone: +39 010-8446402
Email: database@bancomail.com
Pec:bancomail@bancopec.com
We collect information provided voluntarily from the moment you create your account, when you purchase products or services eg. company name, contact reference, address, email address and telephone number.
We also record information when you contact us by phone or chat, including requests for assistance or a quote and notes or details explaining what you have requested and how we have responded.
The failure of data provision will make it impossible for Bancomail to implement the contractual commitments or the user's request.
We also use cookies and similar technologies on our websites and mobile applications to collect information on interactions and usage. Consult the Cookie Policy for further details on the specific type of information we can collect and on your options regarding such data.
The data provided by the user are collected and processed for the following purposes
- For carrying out customer relationship activities based on the contractual agreements.
- For administrative purposes and for the fulfillment of legal obligations such as accounting or tax disclosures or to comply with requests from the judicial authority
- For statistical purposes, to improve our offer and service toward our customers and to identify and prevent fraud and abuse.
- In the presence of specific consent, for sending periodically by e-mail, newsletters and advertising material.
- In the case of sending a curriculum vitae, exclusively for selection purposes.
- Additionally, we use your information to create your account where we offer our services and give you visibility of the data we own, together with the methods of exercising your rights.
The processing of the collected data is carried out by Bancomail internal staff authorized to process it according to specific instructions given in compliance with current legislation.
Your data will never be transferred to third parties, nor entered in the Bancomail Database, unless they were spontaneously conferred on this website in the Be Part form (Support section) or acquired through other authorized sources, in any case prior communication.
However, it's possible that some of your data may be shared by us with trusted providers, needed to send on our behalf email communications and advertisements. We only share the minimum necessary information and it's not allowed to third parties to use your information for other purpose than those indicated in our Privacy Policy. In any case, the data will never be widespread.
The data are processed using computerized or automated tools, with logics strictly related to the aforesaid purposes for which the personal data were collected in order to guarantee their security, integrity, confidentiality and traceability.
The management and storage of personal data operate on servers located inside and outside the European Union owned and / or available to Bancomail and / or delegated third-party companies, duly appointed as data controllers. The transfer of data abroad to non-EU countries takes place in accordance with the GDPR provisions.
The data are stored for the necessary time to manage the purposes for which they are collected, in compliance with current regulations and legal obligations.
At any time (if there aren't law limitations) you can request the access to data, cancellation, modification or update of all the information collected by Bancomail, exercising the right to limit the processing and data portability, by sending an e-mail to database@bancomail.com or bancomail@bancopec.com.
Between
The company Bancomail S.p.A. (hereinafter referred to as Bancomail), incorporated under the laws of Italy, headquartered in Genoa, via Casaregis 30 and legal head office in Genoa, Piazza della Vittoria 15/23, registered with the Company Register of Genoa under no. 506965, Tax code and VAT ID no. 02727350999
- on the one part
AND
The enterprise, company, legal person as indicated in the data entered in the order from (hereinafter referred to as Customer)
- on the other part
For the purposes of this agreement, the Customer hereby declares to be aware that:
a) bancomail.it, bancomail.com websites and Bancomail brand are entirely property of Bancomail S.p.A.
b) for the purposes of this Agreement, any document, data, product, transaction -also via Internet - using Bancomail's name, trademark, logo or other similar material, are to be considered of exclusive relevance and liability of Bancomail S.p.A., for which they constitute a valid equivalence in all respects without limitations or exclusions, except in the event of unlawful use by unauthorized third parties.
The main purpose of this agreement is the trading (both on and off line) of company directories (hereinafter referred to as "Data"). Secondarily, the agreement regards software products and/or consulting services connected or related to the main purpose (hereinafter referred to as "Products"). As for that which is not specifically provided for in the following clauses, the provisions set forth in the Code of Civil Procedure concerning sale and purchase agreements (Articles 1470 and following of the Code of Civil Procedure) shall apply.
The Customer hereby declares that he/she is entering into this sale and purchase agreement for purposes exclusively connected to his/her activity as en entrepreneur or professional.
The price for the purchase of Data shall be paid as follows:
a) in case of on-line sale, in a single solution when the contract is completed by bank transfer, credit card through BancaSella or PayPal secure circuits, credits previously purchased (see Article 5).
b) in case of off-line sale, otherwise, with an advanced bank transfer.
C) in case of different agreement, if validated by Bancomail Management by written notification, with deferred methods that may vary according to the order features.
The customer is given the opportunity to purchase, in the form of " Registry Credits" (hereinafter "Credits"), lots of Registry data at a pre-established price, in order to benefit from the economic advantage resulting from the size of the package and the related CPR (Cost per Record). Such Credits cannot be converted into economic compensation.
Credits are not due to expire and can be used to place online orders by subtracting the customer's desired amount from the resulting total volume.
Bancomail guarantees:
a) the functionality of the email addresses related to the data under this contract. The warranty is valid for 60 (sixty) days of the receipt of the database and conditioned by the compliance of the terms on page: https://www.bancomail.com/en/email-database/warranties-terms
b) the lawfulness of the collection and subsequent processing of data in full compliance with the General Data Protection Regulation (GDPR, EU Regulation 2016/679) and with current national laws
c) any liability or warranty other than those provided for above is excluded, without prejudice to the limits referred to in Art. 1229 of the Code of Civil Procedure.
Delivery time can change due to the checks that Bancomail carries on after the purchase. Those checks are performed to ensure the validity of the Data provided to the Customer. Bancomail shall not be held accountable for any delay directly or indirectly caused by such checks; nevertheless any such delay is a binding part of this agreement. By signing this agreement, the Customer hereby gives its consent.
Should the Customer need to ask for a copy of the goods purchased, said copy shall be provided by Bancomail free of charge, provided that it is possible to do so in compliance with the provisions, otherwise an additional cost shall be established at the time of the request. The customer has the duty to keep Data and Products safe along with a safety backup.
The use of the Data and/or Products of this agreement is limited only to the activities permitted by the current legislation, in particular the General Data Protection Regulation (GDPR, EU Regulation 2016/679) and current national laws.
Should the Data be used for unlawful activities or in a way that is not compliant with the regulation, Bancomail reserves the right to take actions against the Customer and holds itself harmless from any liability towards third parties.
If, for any reason, the payment is not made within the established period (see Art. 4), Bancomail shall be entitled to late payment interests at the rate set in art. 5, D.lg. 9/10/2002, n. 231.
The Customer undertakes to refund, indemnify and/or hold harmless Bancomail, as well as its employees, collaborators, and legal representatives in any capacity, in the event of claims and/or legal actions taken against Bancomail before any court due to an unlawful use of the Data or otherwise not complying with company's Policies*.
To the extent necessary, since under the current legislation the definition of “personal data” relates exclusively to natural persons, the Customer agrees that Bancomail S.p.A. will provide for the data processing in accordance with current legislation and, as referred on the Privacy disclosure pursuant to Art 13 the of the Italian Privacy Code, with no need to acquire the Customers' express consent (in accordance with Art. 13 the Italian Privacy Code) because, inter alia, the treatment of such data is necessary to implement a contract, which Customer is a part of, exclusively to carry out the listed services, including fiscal and tax obligations and service communications. The data provision is mandatory to allow the fulfillment of the legal obligations. Bancomail authorizes the same treatment of its data by the Customer.
Withdrawal right of does not apply to B2B transactions for Professional Customers. In any case, given the characteristics of reproducibility and, in particular, the transfer of Data, the action of Database Downloading is tracked and confirms the Customer's willingness to purchase, preventing any "afterthoughts". For any defects, the following instructions and the Guarantees described in Article 5 (Guarantees) are guaranteed.
Upon receiving the Products and/or Data, the Customer shall immediately verify the conditions and conformity thereof. Any errors shall be reported to Bancomail within and not later than seven days of detecting them. The Customer shall agree any checks on complaints. To be more precise, Data must be provided in the same format used to deliver them and possibly reported on the same document the customer received from Bancomail.
Bancomail can transfer to third parties all or part of the rights and obligations undertaken pursuant to this supply agreement. Bancomail reserves the right to verify the methods of transfer of the products and/or services to third parties and can stop it if necessary.
This agreement is regulated by the laws of Italy. The Court of Genoa shall have exclusive jurisdiction over any disputes arising out of or in connection with the interpretation, implementation or resolution of this agreement.
These provisions replace any previous agreement concerning the supply of data, products and services specified in the Purpose (see Art. 2 above) by Bancomail. Any change and/or integration to these provisions shall be registered in a written agreement signed by both parties.
* can be viewed at the web page: https://www.bancomail.com/en/support/email-marketing-rules