Certain features within MailChimp are offered as add-ons to your MailChimp account. Some add-ons have additional terms or restrictions (“Additional Terms”) associated with them. Additional Terms for each of the add-ons can be found below, and MailChimp Members agree to the applicable Additional Terms at the time they choose to add the corresponding add-on feature.

Additional Terms of Use for Connected Sites

These Additional Terms apply to any MailChimp account that has a website or store (“Connected Site” or “Site”) connected to their MailChimp account.

Please read these Additional Terms carefully before adding, connecting, or re-authorizing a Connected Site. By clicking “Accept” within the MailChimp application and continuing to connect your Site to MailChimp you are agreeing to these Additional Terms.

When you connect your Site with MailChimp, you agree that MailChimp may automatically install a JavaScript tracking snippet on your Site at the time of connection and/or re-authorization. This snippet is necessary to enable several of MailChimp’s powerful e-commerce automations and advertising features. Some of these automations and features work by allowing you to track the activity of your subscribed contacts’ on your Site through the use of cookies or similar technologies, such as pixels. The JavaScript snippet will allow cookies, pixels, and other technologies to be set by your Connected Site, giving you full access to the automations, features, and functionality offered by MailChimp. The specific cookies, pixels, or other technologies that will be set on your Site will depend on the particular automations and features within MailChimp that you choose to use. The following automations and features are enabled by the Javascript snippet:

  • Product Retargeting Emails: the Javascript snippet will allow your Site to deploy a MailChimp cookie on a subscriber’s device when the subscriber clicks a link within a product retargeting email. This cookie tracks attribution rates and browser activity, allowing MailChimp to provide you with reporting on the success of your product retargeting emails.
  • Remarketing Ads: the Javascript snippet will install a Google tracking pixel on your Site and will allow your Site to deploy a MailChimp cookie that recognizes visitors to your Site from the remarketing ads you place. These technologies facilitate remarketing ad placement and reporting on the performance of your advertising campaigns. Further information can be found in the Additional Terms of Use for Google Ads Through MailChimp, which must be agreed to before placing a Google remarketing ad.
  • Popup Forms: the Javascript snippet will allow your Site to deploy a MailChimp cookie that recognizes whether a visitor to your Site has previously viewed your popup form and ensures the same visitor does not see your form again for a period of up to one year.

It is your responsibility to understand how your use of the available e-commerce automations and features will impact your Connected Site, including whether a particular e-commerce automation or feature will cause your Connected Site to deploy any tracking technologies. You can visit MailChimp’s Cookie Statement at any time for a description of the cookies and tracking technologies that can be employed by a MailChimp user through the use of MailChimp (see the Section entitled “Cookies served through the Services”).

If you choose to enable automations or features that rely on the JavaScript snippet once your Site is connected, you represent and warrant that (1) you have permission from your subscribed contacts to track activity via cookies, pixels, and other similar technologies, and to transfer information related to this tracking to MailChimp, and (2) your Site adequately discloses your tracking practices and use of cookies, pixels, and similar technologies in a Privacy Policy, Cookie Statement, or other disclosure.

In addition to the above, you also understand and agree:

  1. MailChimp may modify, change, or discontinue the ability to integrate Connected Sites with your MailChimp account at any time.
  2. MailChimp may refuse service or limit, suspend, or terminate your use of Connected Sites integrations at any time, with or without cause.
  3. You may discontinue your use of Connected Site integrations at any time by disconnecting your Site from your MailChimp account and removing the MailChimp integration from your Site or e-commerce platform. When you disconnect your Site from your MailChimp account, any information obtained by the cookies, pixels, or similar technologies set by the Javascript tracking snippet on your Site will no longer be received by MailChimp.
  4. MailChimp may modify or change these Additional Terms from time-to-time. When we change these Additional Terms, we will post the revised Additional Terms here (www.mailchimp.com/legal/additional-terms). For this reason, you should review these Additional Terms often. Any changes will be effective immediately and will apply to your continued use of Connected Site integrations with your MailChimp account.
  5. To continue enabling the automations and features that you have chosen to turn on, MailChimp may need to modify or change the code within the JavaScript snippet installed on your Site in the future. These modifications or changes may cause your Site to deploy additional tracking technologies, or result in the deletion of cookies, pixels, or similar technologies being set by your Site.

These Additional Terms do not replace MailChimp’s standard Terms of Use (including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy, and Brand Guidelines), and the standard Terms of Use continue to apply once you have connected your Site to your MailChimp account. The ability to connect a Site is considered part of the Services offered by MailChimp (as defined in our standard Terms of Use).

Effective March 9, 2018

Additional Terms of Use for Facebook and Instagram Ad Buying Through MailChimp

Introduction

Welcome to Facebook and Instagram Ad Buying Through MailChimp. Ad Buying Through MailChimp allows you quickly and easily to create, purchase, and manage Facebook and Instagram advertisements from within your MailChimp account (collectively, the “Ad Buying Feature”).

Please read these Additional Terms carefully. This is a legal agreement, and by clicking “I Agree” below and continuing to use the Ad Buying Feature you are agreeing to these Additional Terms. These Additional Terms apply to your use of the Ad Buying Feature. These Additional Terms do not replace MailChimp’s standard Terms of Use (including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy, and Brand Guidelines), and the standard Terms of Use also apply to your use of the Ad Buying Feature. The Ad Buying Feature is part of the Services and your use of the Ad Buying Feature is considered part of your use of MailChimp. If you have questions about any of our terms, feel free to contact us.

Unless expressly stated otherwise, the capitalized words in this document mean the same thing as they do in our standard Terms of Use.

Part A: Important Things for You to Know

  1. MailChimp may modify the Ad Buying Feature or discontinue its availability at any time.

  2. MailChimp may refuse service or limit, suspend, or terminate your access to the Ad Buying Feature at any time, with or without cause.

  3. You may discontinue your use of the Ad Buying Feature at any time.

  4. MailChimp may modify or change these Additional Terms from time-to-time. If we modify or change these Additional Terms, we will provide you notice of the fact that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of the Ad Buying Feature.

  5. The Ad Buying Feature allows you to create, purchase, and manage Facebook and Instagram ads from your MailChimp account. By using the Ad Buying Feature, you also agree to comply with all Facebook Advertising Policies, which can be found here.

  6. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Services, including the Ad Buying Feature, are suitable for you in light of such laws, rules, and regulations.

  7. Facebook and Instagram are not affiliates, partners, agents, or representatives of MailChimp. You understand and agree that MailChimp is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Facebook or Instagram.

Part B: Advertising Review and Compliance

Your use of the Ad Buying Feature, including the content of any ads you might create, is subject to review by both Facebook and MailChimp and you agree to comply with the terms and policies of both companies.

If you do not comply with both the Facebook Advertising Policies and MailChimp’s Terms, any of the following actions may be taken: (1) your ad might be rejected by Facebook or MailChimp; (2) we might, in our sole discretion, revoke your ability to use the Ad Buying Feature; and/or (3) we might suspend or terminate your MailChimp account.

Part C: Transfer of Data to Facebook

Certain options within the Ad Buying Feature, such as the custom audience option, allow you to pass data to Facebook. The data that may be transferred through use of the Ad Buying Feature consists of hashed values of email addresses. Only those emails addresses you expressly select will be hashed and passed to Facebook.

If you choose to pass hashed value data to Facebook, you represent and warrant that you have the right to use the data in such a manner and that you have secured permission from any individuals whose data will be hashed to transfer the data to Facebook. You further acknowledge and agree that you are the party transferring data to Facebook and that such data is being passed directly from you to Facebook.

Part D: Payment Terms

The Ad Buying Feature is an add-on to your MailChimp account and will be billed as such (please see Section 11 of our standard Terms of Use for more information regarding add-ons). When creating an advertising campaign through the Ad Buying Feature, you will be asked to select a maximum budget for your advertising campaign. You agree to pay the amount chosen as your maximum budget up front, and your credit card will be charged for this amount in its entirety. Ads will then be placed by Facebook on your behalf according to the criteria you select using the Ad Buying Feature until your maximum budget is reached. In certain circumstances, however, your entire budget may not be exhausted. Any unused portion of your budget will be credited to your account as an “Ad Credit” and may be used toward the purchase of future advertising campaigns with the Ad Buying Feature. Ad Credits may not be used to purchase or pay for email campaigns or other MailChimp add-ons or services, and are only valid for the purchase of services available through the Ad Buying Feature. Ad Credits do not expire.

If you violate these Additional Terms, MailChimp’s standard Terms of Use, or the Facebook Advertising Policies you will not receive a refund for any purchases you made through the Ad Buying Feature.

Updated May 22, 2017

Facebook Custom Audience Terms

Facebook’s custom audience feature enables you to create an audience using your data such as email addresses and phone numbers. When using Facebook’s custom audience feature, your data is locally hashed on your system before you upload and pass such data to Facebook to be used to create your custom audience (the “Hashed Data”). Without limiting any agreement between you and Facebook, by clicking “I accept” and passing to Facebook the Hashed Data, you agree to the following:

  • You represent and warrant that you (or your data provider) have provided appropriate notice to and secured any necessary consent from the data subjects whose data will be hashed to create the Hashed Data, including as needed to be in compliance with all applicable laws, regulations and industry guidelines. If you have not collected the data directly from the data subject, you confirm, without limiting anything in these terms, that you have all necessary rights and permissions to use the data. If you are using a Facebook identifier to create a custom audience, you must have obtained the identifier directly from the data subject in compliance with these terms.

  • You confirm that the Hashed Data does not relate to data about any data subject who has exercised an option that you have, directly or indirectly, committed to honoring or provided to opt out of having that data used by you or on your behalf for targeted advertising. To the extent a data subject exercises such an opt-out after you have used data relating to that data subject to create a custom audience, you agree to remove that data subject from the custom audience.

  • The Hashed Data you provide to us will only be used for the matching process, will not be shared with third parties or other advertisers and will be deleted promptly after the match process is complete. Facebook will maintain the confidentiality and security of the Hashed Data and the collection of Facebook User IDs that comprise your custom audience (“your custom audience”), including by maintaining technical and physical safeguards that are designed to (a) protect the security and integrity of data while it is within Facebook’s systems and (b) guard against the accidental or unauthorized access, use, alteration or disclosure of data within Facebook’s systems. Further, Facebook will not give access to or information about your custom audience to third parties or other advertisers, use your custom audience to append to the information we have about our users or build interest-based profiles, or use your custom audience except to provide services to you, unless we have your permission or are required to do so by law.

  • Facebook may modify, suspend or terminate access to, or discontinue the availability of, the custom audiences feature at any time. You may discontinue your use of the custom audience feature at any time. You may delete your custom audience from the Facebook system at any time through your account tools.

  • If you are providing Hashed Data on behalf of a third party, you also represent and warrant that you have the authority as agent to such party to use such data on their behalf and bind such party to these terms.

  • You may not use the custom audience feature unless you are an advertiser (or an agency acting on behalf of an advertiser), Ads API or Custom Audiences API partner, a data partner that has signed an agreement with us which grants you permission to upload and create a custom audience, or have obtained express, written permission from Facebook. If you are providing Hashed Data on behalf of a third party, you may only use that third party’s own data to create custom audiences on its behalf and may not augment or supplement that data with other data. You may not sell or transfer custom audiences, or authorize any third party to sell or transfer custom audiences.

  • A note to EU data controllers: Facebook, Inc. has made commitments under the EU-US Privacy Shield that may apply to data transferred under these Custom Audience Terms. When applicable as the means to transfer personal data regarding EU data subjects to Facebook, Inc., you acknowledge that the Privacy Shield Terms (https://www.facebook.com/legal/privacyshieldtermsforadvertisers) apply to such data in addition to these Custom Audience Terms.

These Custom Audiences Terms and, to the extent applicable, the Privacy Shield Terms, govern the provision by you of Hashed Data to us and your use of the custom audiences feature. They do not replace any terms applicable to your purchase of advertising inventory from Facebook (including but not limited to the Facebook Advertising Guidelines at https://www.facebook.com/ad_guidelines.php), and such terms will continue to apply to your ad campaigns targeted to your custom audience. The custom audiences feature is part of “Facebook” under Facebook’s Statement of Rights and Responsibilities (https://www.facebook.com/legal/terms, the “SRR”), and your use of the custom audiences feature (including your use of data) is deemed part of your use of, and actions on, “Facebook.” In the event of any express conflict between these Custom Audiences Terms and the SRR, these Custom Audiences Terms will govern solely with respect to your use of the custom audiences feature and solely to the extent of the conflict. Facebook reserves the right to monitor or audit your compliance with these terms and to update these terms from time to time.

Last Modified December 2, 2016

Additional Terms of Use for Google Web Remarketing Ads Through MailChimp

Introduction

Welcome to Google Ads Through MailChimp. With Google Ads Through MailChimp you can quickly and easily create, purchase, and manage advertisements on the Google Display Network, such as web retargeting ads, from within your MailChimp account using our ad creator (referred to as the “Google Ad Buying Feature” throughout these Additional Terms).

Please read these Additional Terms carefully. This is a legal agreement, and by clicking “I Agree” below and continuing to use the Google Ad Buying Feature you are agreeing to these Additional Terms. These Additional Terms apply to your use of the Google Ad Buying Feature. These Additional Terms do not replace MailChimp’s standard Terms of Use (including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy, and Brand Guidelines), and the standard Terms of Use also apply to your use of the Google Ad Buying Feature. The Google Ad Buying Feature is part of the Services and your use of the Google Ad Buying Feature is considered part of your use of MailChimp. If you have questions about any of our terms, feel free to contact us.

Unless expressly stated otherwise, the capitalized words in this document mean the same thing as they do in our standard Terms of Use.

Part A: Important Things for You to Know

  1. MailChimp may modify the Google Ad Buying Feature or discontinue its availability at any time.

  2. MailChimp may refuse service or limit, suspend, or terminate your access to the Google Ad Buying Feature at any time, with or without cause.

  3. You may discontinue your use of the Google Ad Buying Feature at any time.

  4. MailChimp may modify or change these Additional Terms from time-to-time. If we modify or change these Additional Terms, we will provide you notice of the fact that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of the Google Ad Buying Feature.

  5. The Google Ad Buying Feature allows you to create, purchase, and manage advertisements on the Google Display Network from your MailChimp account. By using the Google Ad Buying Feature, you also agree to comply with all of Google’s advertising terms (www.google.com/ads/terms) and policies (www.google.com/ads/policies), as those may be modified or changed from time-to-time.

  6. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Services, including the Google Ad Buying Feature, are suitable for you in light of such laws, rules, and regulations.

  7. MailChimp and Google are independent third parties and are not affiliates, partners, agents, or representatives of one another. You understand and agree that MailChimp is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Google, including decisions regarding your advertisements on the Google Display Network.

Part B: Advertising Review and Compliance

Your use of the Google Ad Buying Feature, including the content of any ads you might create, is subject to review by both Google and MailChimp and you agree to comply with the terms and policies of both companies.

If you do not comply with both Google’s advertising terms and policies and MailChimp’s Terms, any of the following actions may be taken: (1) your ad might be rejected by Google or MailChimp, or placement of your ad may be delayed; (2) we might, in our sole discretion, revoke your ability to use the Google Ad Buying Feature; and/or (3) we might suspend or terminate your MailChimp account.

Part C: Creation of Google AdWords Account and Connected Site Required

When you choose to use the Google Ad Buying Feature, MailChimp creates a Google AdWords account on your behalf so your ads can be published on the Google Display Network. You may request additional information from MailChimp regarding your Google AdWords account at any time.

MailChimp offers the Google Ad Buying Feature as a third party and is unaffiliated with Google. For more information about working with a third party to advertise on the Google Display Network, please review the Working with a third party disclosure notice published by Google.

To use the Google Ad Buying Feature, your website or store must be connected to your MailChimp account (a “Connected Site” or “Site”). When you agree to these terms (1) a Google remarketing pixel will automatically be installed on your Site, and (2) code will be deployed that will allow your Site to set a cookie that will recognize those who visit your Site via ads placed with the Google Ad Buying Feature. These tracking technologies facilitate the placement of your advertising campaigns on the Google Display Network and enable MailChimp to provide reporting to you about the performance of your advertising campaigns. You represent and warrant that your Connected Site adequately discloses the use of tracking technologies, such as cookies and pixels, used by your Site in a Privacy Policy, Cookie Statement, or other disclosure and informs visitors to your Site that information collected by these technologies may be transferred to MailChimp.

By using the Google Ad Buying Feature, you are giving MailChimp permission to install the necessary cookie and Google remarketing pixel on your Connected Site and to create a Google AdWords account for you.

Part D: Payment Terms

The Google Ad Buying Feature is an add-on to your MailChimp account and will be billed as such (please see Section 11 of our standard Terms of Use for more information regarding add-ons). When creating an advertising campaign through the Google Ad Buying Feature, you will be asked to select a maximum weekly budget for your advertising campaign. You agree to pay the amount chosen as your maximum weekly budget in advance, and your credit card will be charged up front for the amount of your maximum weekly budget in its entirety. Your advertising campaign will then be placed by Google according to the criteria you select using the Google Ad Buying Feature. Your advertising campaign will run indefinitely until you pause or cancel your ad, and your credit card will continue to be charged on a weekly basis for the amount you selected as your maximum weekly budget. You may adjust the amount of your maximum weekly budget at any time. You may also pause or cancel your ad at any time.

In some instances, your maximum weekly budget may not be reached, resulting in a budget surplus. All unused portions of your weekly maximum budget will accumulate in your account (the “Surplus Ad Budget”). If, at any time, the amount of your Surplus Ad Budget exceeds the amount you have set for your maximum weekly budget, the Surplus Ad Budget will be applied toward the payment of your maximum weekly budget for the next week and your credit card will not be billed that week. Weekly billing will resume the following week.

If any portion of your budget remains unused when an advertising campaign is discontinued it will be credited to your account as a “Google Ad Credit” and may be used toward the purchase of future advertising campaigns with the Google Ad Buying Feature. Google Ad Credits are only valid for the purchase of services available through the Google Ad Buying Feature. Google Ad Credits may not be used to purchase or pay for email campaigns or other MailChimp add-ons or services, including but not limited to Facebook Ads, Instagram Ads, or Mandrill. Google Ad Credits do not expire.

If you violate these Additional Terms, MailChimp’s standard Terms of Use, or Google’s advertising terms or policies, you will not receive a credit or refund for any purchases you made through the Google Ad Buying Feature.

Updated January 12, 2018

Additional Terms of Use for Landing Pages Cookies, Pixels & Tracking Technologies

Please read these Additional Terms carefully before setting any cookies, pixels or other tracking technologies (collectively, “cookies”) on your landing page(s). By clicking “Accept” within the MailChimp application and setting cookies on your landing page(s) you are agreeing to these Additional Terms.

You can choose to set cookies on the landing pages that you create. If you choose to set any cookies, it is your responsibility to understand how your use of those cookies will impact your landing page. You can visit MailChimp’s Cookie Statement at any time for a general description of the cookies that can be employed by a MailChimp user through the use of MailChimp (see the Section entitled “Cookies served through the Services”), or you can revisit the landing pages creator for descriptions of the specific cookies you choose to set. If you choose to set cookies, you agree that MailChimp will automatically install a JavaScript tracking snippet on your landing page in order to allow those cookies to be set on your landing page.

You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Services, including landing pages, are suitable for you in light of such laws, rules, and regulations. If you choose to set cookies on your landing page, you represent and warrant that (1) you have permission from your subscribed contacts to track activity via cookies, and to transfer information related to this tracking to MailChimp, and (2) your landing page adequately discloses your tracking practices and use of cookies in a privacy policy, cookie statement, or other disclosure.

These Additional Terms do not replace MailChimp’s standard Terms of Use (including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy, and Brand Guidelines), and the standard Terms of Use continue to apply once you have created a landing page. The ability to create a landing page is considered part of the Services offered by MailChimp (as defined in our standard Terms of Use).

Effective April 3, 2018