Subject: An important update about changes to our policies
From: Mailchimp Legal <[email-masked]>
To: [email-masked]
Date: Wed, 28 Oct 2020 14:52:15 +0000

An important update about changes to our policies
<https://mailchimp.com/>                   Hello!
 
 We're writing to let you know about some important changes we’re making
to our Standard Terms of Use <https://mailchimp.com/legal/terms/> (STOU)
and Data Processing Addendum
<https://mailchimp.com/legal/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
<https://mailchimp.com/eu-us-data-transfer-statement/>. 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 <https://mailchimp.com/legal/acceptable_use/> (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
<https://mailchimp.com/help/mailchimp-european-data-transfers/>. As always,
if you have any questions about these changes, please feel free to contact
us directly at [email-masked] <mailto:[email-masked]>. Thanks for
being a Mailchimp customer. 
 
 Best regards,
 The Mailchimp Legal Team

                                    *Copyright © Mailchimp, All Rights
Reserved*
 
 *Our mailing address is:*
 Mailchimp
 675 Ponce de Leon Ave. NE
 Suite 5000
 Atlanta, GA 30308
 
 You're receiving this email because you have a Mailchimp account and we
are required to notify you about these changes.