Zeta's Acceptable Use Policy

This Acceptable Use Policy ("Policy") has been developed by Zeta Global Corp. and its affiliates (collectively, "Zeta," "we," "us," or "our") and governs use of Zeta's marketing technology platforms and services, including but not limited to:

• Data management and customer intelligence platforms
• Omni-channel marketing services (Email, mobile, connected tv, social media, SMS, etc.)
• Marketing automation and campaign management tools
• Analytics and audience segmentation services
• Audience engagement & website monetization tools (collectively, the "Services")

This Policy applies to all clients, authorized users, and third parties accessing or using the Services. Violation of this Policy may result in immediate suspension or termination of Services, restriction of account access, and legal action as appropriate.

2.1 General Obligations

Client agrees to, and where applicable, shall ensure that Users agree to:

• Keep contact information for Client’s Account updated and promptly respond to queries from Zeta;
• Use commercially reasonable efforts to prevent unauthorized access to or use of the Services;
• Be responsible for ensuring that User's computer systems do not interfere with or disrupt the Services.

2.2 Security Requirements

Client represents and warrants that while using the Services, Client will:

• Use commercially reasonable security measures to protect any Client Data transmitted to the Services, including encrypting transmitted data;
• Cooperate with Zeta’s reasonable investigations of service outages, security problems, and/or any suspected breach.

2.3 Client Cooperation

Client will:

• Immediately act upon Zeta's reasonable requests to remove and/or adapt Client Content;
• Respond to any third-party complaints;
• Promptly provide applicable information documenting relationships or consent; and
• Otherwise reasonably cooperate in mitigating the impact of any complaints.

Clients are strictly prohibited from using the Services to:

3.1 General Restrictions

Client shall not, and shall not permit any Users or third parties to, directly or indirectly:

• Inaccurately represent its organization or impersonate any other person or organization;
• Access or use the Services except as permitted in the Agreement and this AUP;
• Host images or content on Zeta servers except for permitted use of the Services;
• Use the Services to store or transmit Malicious Code;
• Interfere with or disrupt the integrity or performance of the Services;
• Put excessive burden on the bandwidth of the Services;
• Attempt to gain unauthorized access to the Services;
• Probe, scan, or test vulnerability of the Services;
• Use the Services to encourage or facilitate illegal activities;
• Violate any Laws, including those related to e-commerce, infringement, defamation or privacy; or
• Use or enable others to use the Services to compete with Zeta.

3.2  Intellectual Property Restrictions

Client shall not:

• Sell, resell, rent, or lease the Services;
• Remove or alter trademark, logo, copyright, or other proprietary notices;
• Copy, frame, or mirror any part of the Services (except for permitted internal use);
• Create derivative works based on the Services;
• Reverse engineer or decompile the Services; or
• Access the Services for building competitive products or benchmarking.

3.3 Client Content Restrictions and Prohibitions

Client shall not use the Services to process, store, transmit, link to, display, or solicit content from the prohibited and restricted  content categories listed below.

Prohibited Content Categories:

• Content targeted to Minors: Individuals under 18 years of age;
• Financial: Financial information, stock trading, FOREX, mortgages or loans, insurance, debt collection, credit repair, make money online schemes, payday lenders, cryptocurrencies, initial coin offerings, penny stocks;
• Marketing Schemes: Multi-level marketing, Ponzi schemes, list brokers, list rental services, selling of personal data, sweepstakes;
• Events/Dating: DJ/nightclub promotions, party lists (unless approved);
• Alcohol, Cannabis/CBD, Tobacco;
• Illegal Goods: Illegal software, pirated programs, viruses;
• Violence: Violence against governments, organizations, groups, or individuals;
• Special Restrictions (unless approved in writing): Loans, insurance, horoscopes, dating services, recruitment services;
• Special Restrictions (unless in connection with Loyalty/Experiences Services): Daily deals, coupons, paid surveys;

Prohibited Content Types:

• Defamatory, libelous, offensive (including hate speech, bigotry, prejudice, racism, excessive profanity);
• Obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing;
• False, misleading, or otherwise objectionable (as determined by Zeta);
• Content that violates industry standards, carrier guidelines, or Laws;
• Content that infringes third party rights (privacy, intellectual property, terms of use).

Sensitive PII Prohibition

CRITICAL: Client understands and acknowledges that the Services are NOT configured to process, receive, and/or store certain Sensitive PII. Client agrees not to transmit, request, provide access to, submit, store, or include any Sensitive PII through the Services, including:

• Data on minors under 18 (COPPA);
• Payment card information (PCI DSS);
• Social security numbers, driver's license numbers;
• Financial account numbers;
• Employment, or criminal records;
• Passport numbers.

Restricted PII:

Client acknowledges that some jurisdictions impose additional consent requirements for processing certain categories of sensitive personal data. For example, GDPR requires "explicit consent" for processing special categories of data under Article 9, and similar requirements exist under other privacy laws. Client is solely responsible for ensuring it obtains all necessary consents and legal bases required for its processing activities.  Violations by Client of this Acceptable Use Policy may be grounds for Zeta to terminate its agreement with such Client.

3.4  Unlawful or Non-Compliant Communications

Client shall not use the Services to:

• Send unsolicited commercial email, text messages, or other communications without proper consent;
• Contact individuals on any applicable Do Not Call, Do Not Email, or suppression lists;
• Send communications after consent has expired or been revoked;
• Use automated telephone dialing systems or artificial/prerecorded voice messages without required consent.

3.5 Deceptive or Fraudulent Practices

Client shall not use the Services to:

• Use false, misleading, or deceptive header information, subject lines, or sender identities;
• Misrepresent the origin, purpose, or nature of communications;
• Engage in spoofing, phishing, or other fraudulent activities;
• Impersonate any person or entity or falsely state or misrepresent affiliation with any entity.

4.1 Permission-Based Marketing Practices Zeta requires clients to comply with permission-based marketing practices. Clients must maintain valid consent for all commercial email communications.   Consent Standards:

• Express Consent: Consumer has explicitly agreed to receive commercial messages. Express consent expires one (1) year from the last date a consumer opens or clicks on an email sent by the client, unless a longer period is permitted by applicable law.
• Implied Consent: May arise from an existing business relationship (purchase or inquiry). Expiration varies by jurisdiction:United States/EU: One (1) year from last engagement (open or click)Canada: Two (2) years from last transaction; six (6) months from inquiry
• Opt-Out: Consent immediately expires when a consumer unsubscribes or opts out.

  4.2 Required Email Practices All commercial emails must:

1. Accurately identify the sender and any party on whose behalf the message is sent;
2. Include a clear and conspicuous statement that the message is an advertisement (unless exempted);
3. Provide a valid physical postal address of the sender;
4. Include a clear, conspicuous, and functional unsubscribe mechanism in every message;
5. Honor opt-out requests within ten (10) business days (or shorter period required by applicable law);
6. Maintain unsubscribe functionality for at least thirty (30) days after sending (sixty (60) days for Canadian recipients);
7. Not use deceptive subject lines or header information;
8. Maintain accurate records of consent, including date obtained and expiration date.

  4.3 Suppression List Management Clients must:

• Maintain comprehensive, up-to-date suppression lists of all individuals who have opted out;
• Scrub all recipient lists against client-specific, and State and Federal DNC suppression lists before each campaign, as required by applicable laws and regulations;
• Respect brand-specific, channel-specific, and global opt-out preferences.

For clients using SMS or text messaging services:

5.1 Consent Requirements

• Obtain prior express written consent before sending marketing text messages
• Clearly and conspicuously disclose that consent is not a condition of purchase (where applicable);
• Provide clear disclosure of message frequency and that message and data rates may apply;
• Maintain detailed records of consent including date, method, and terms disclosed.

5.2 Message Content Requirements

• Include clear identification of the sender in each message;
• Provide clear opt-out instructions (e.g., "Reply STOP to opt out");
• Honor opt-out requests immediately and confirm the opt-out;
• Include "HELP" keyword functionality providing customer support contact information.

5.3 TCPA Compliance

• Do not use automatic telephone dialing systems without proper consent;
• Do not send messages to reassigned telephone numbers after receiving notice;
• Comply with all federal and state telemarketing laws and regulations;
• Maintain and respect Do Not Call lists.

6.1 Zeta's Rights

Zeta reserves the right to:

• Monitor client use of the Services for compliance with this Policy;
• Investigate suspected violations of this Policy;
• Take immediate action including suspension or termination of Services upon violation;
• Report violations to appropriate authorities where required by law;
• Refuse service to clients with history of non-compliance.

6.2 Client Cooperation

Clients agree to:

• Cooperate fully with Zeta in investigating potential violations;
• Provide documentation demonstrating compliance upon request;
• Implement corrective actions within timeframes specified by Zeta;
• Notify Zeta immediately of any suspected security incidents or policy violations.

Violation of this Policy may result in:

• Immediate suspension of Services without notice;
• Termination of client agreement and permanent account closure;
• Withholding of refunds or fees owed;
• Legal action to enforce this Policy or recover damages;
• Reporting to regulatory authorities or law enforcement.

Zeta may update this Policy from time to time to reflect changes in legal requirements, industry standards, or Service offerings, so it is recommended that you check back periodically to review any updates. Continued use of the Services after such updates constitutes acceptance of the revised Policy.

For questions about this Policy or to report suspected violations, contact:

Zeta Global Corp.
Attention: Legal Compliance
3 Park Avenue, 33rd Floor
New York, NY 10016
Email: privacy@zetaglobal.com

By using Zeta's Services, clients acknowledge that they have read, understood, and agree to comply with this Acceptable Use Policy.