1. Parties and definitions
- PeykMail or we: the operator of the service, Engin Satıcı – Bonduo Dijital Ajans (Yamanevler Mah. Akgül Sok. No: 1 İç Kapı No: 18, Ümraniye, İstanbul, Türkiye; Alemdağ tax office, 7520604076).
- The business or you: the person or legal entity in whose name a PeykMail account is opened and who uses the service for its trade or profession.
- User: anyone with access to the business's account.
- Recipient: anyone the business sends email to.
- The rules: the sending rules and acceptable use.
2. Accounts
- Accounts are opened by invitation only; there is no public sign-up. We decide whether to open an account.
- PeykMail is offered only to businesses, not to consumers. You use the account for your trade or profession.
- You accept these terms when you first set up your account, and your acceptance is recorded with its date.
- You are responsible for keeping the business details you give us correct and up to date.
- You are responsible for the users you add to the account and for what they do in it. Passwords are kept secret, and two-step verification is used where required.
- To give support or look into a problem, we can enter your account for a limited time. Every such visit shows on your account's activity page.
3. The business's duties
- You send only to people who agreed to receive your email, and you can prove that consent when asked.
- Where they apply, the duties under Türkiye's Law no. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages are yours, including registering with the Message Management System (İYS) and managing consent there. PeykMail does not register anything in İYS on your behalf.
- You are the data controller for your recipients' personal data: you collect it on a lawful basis, inform the people concerned and answer their requests.
- You send from your own domain and keep its DNS records correct.
- You send from your account only in your own business's name. To send for other businesses, as an agency for example, each of them needs an account of its own.
- Your emails show your business name, its postal address and a reply address someone reads.
- You are responsible for your content being lawful and not infringing anyone else's rights.
- You follow the sending rules.
4. Prohibited use
In addition to what the rules say, it is prohibited to:
- send to lists without consent, or to bought, rented or scraped lists;
- mislead in the sender details or the subject line;
- send phishing, malware or fraudulent email;
- test or try to get around the security of the service;
- use several accounts, or let someone else use your account, to get around limits or sanctions.
5. What PeykMail may do
To protect the service, recipients and other businesses, we may:
- review campaigns before they are sent and require our approval;
- stop a campaign or all of an account's sending, and close the links in a campaign;
- set and change sending limits;
- suspend or close an account when we see a breach of the rules, a security risk or anything that endangers the service.
When we take these steps, we tell you beforehand or straight afterwards, as far as the situation allows.
6. Limits and how the service works
- We set each account's sending limits; new sender domains start with small amounts.
- We do not guarantee that emails reach recipients' inboxes; delivery also depends on the decisions of the recipients' mail services.
- We aim to run the service without interruption, but maintenance, faults or problems at outside services such as Amazon SES can cause interruptions. After a long interruption we may hold sending for a while so that it restarts safely.
7. Fees
The fee for the service and the payment terms are agreed with you separately in writing. No payments are taken through PeykMail.
8. Personal data
This section sets out the data processing terms between us for your recipients' personal data; no separate data processing agreement needs to be signed. Which data we process, where and for how long is set out in the privacy notice.
Roles and your assurance
- You are the data controller for your recipients' data; we are the data processor that processes it on your behalf.
- You undertake that you collected the data on a lawful basis, informed the people concerned and obtained the consent required. Consent to commercial electronic messages and the duties in İYS are yours.
How we process the data
- We process the data only to provide the service and on the instructions you give through the application: uploading a list, sending a campaign and your settings are those instructions. Except where the law requires it, we do not use the data for any other purpose.
- The service's safety rules are part of your instructions: people who unsubscribed or complained are not emailed again, and addresses that do not exist are skipped. The fingerprint of addresses that bounced for good, however, we keep under our own responsibility, to protect the sending of every business.
- We access the data only as far as running the service, giving support and keeping it secure require. Everyone who can access the data is bound by confidentiality, which continues after the service ends.
Security measures
- Connections to the application and data passed to Amazon SES are encrypted in transit.
- Each business's data is kept apart at database level; one account cannot reach another account's data.
- Passwords are stored as one-way hashes, and two-step sign-in is available.
- Actions in the account are recorded and shown on the account's activity page.
- Database backups are encrypted with a key only we can unlock.
Sub-processors
To provide the service we work with the service providers below; by accepting these terms you approve them. If we change the list, we tell you beforehand as described in section 12.
- Amazon Web Services: delivering emails and the delivery reports (Frankfurt, Germany).
- Cloudflare: hosting this website and storing the encrypted backups (outside Türkiye).
- A server hosting company in Türkiye: the server the application and its database run on.
The transfers to Amazon and Cloudflare are transfers abroad and are made under article 9 of the KVKK.
Breaches, requests and the end of the service
- When we learn of a data breach that affects your data, we tell you without undue delay and give you the information we have, so that you can make the notifications required.
- We help you answer your recipients' requests and pass on to you any request that reaches us directly. You can erase a person's data from your account yourself.
- When the service ends, the data is deleted as described in section 9.
9. Closing an account
- Either side may end the service by giving 30 days' written notice by email. We send our notice to the account owner's registered email address; you send yours to info@peykmail.com.
- For abuse or a breach of the sending rules, we may suspend the account at once and end the service without waiting for that period.
- When you ask for your account to be closed, or when we close it, the account is first suspended and then deleted 30 days after closing begins. If you wish, it can be deleted without waiting 30 days.
- Before closing, you can download your contacts and your campaign results from your account.
- On deletion, an evidence archive that holds no recipient addresses or names is kept for 3 years, so that compliance with the rules can be shown. Its contents are listed in the privacy notice.
- After your account is deleted, the unsubscribe links in the emails you sent keep working.
10. Liability
You are responsible for the content you send, for your lists, for your recipients' consent and for your relationship with your recipients. If claims, complaints or administrative fines arising from these are brought against us, you hold us harmless: you pay the amounts we have to pay and our reasonable defence costs.
- Each party is liable to the other only for direct damage; there is no liability for indirect damage or loss of profit. The amounts you pay for the claims and fines above fall outside this limit.
- Our total liability under these terms or for the service is limited to the fees you paid us for the service in the 12 months before the event that caused the damage.
- These limits do not apply to intent or gross negligence; liability for these cannot be excluded or limited in advance.
11. Governing law and courts
These terms are governed by Turkish law. The courts and enforcement offices of Istanbul (Çağlayan) have jurisdiction over disputes.
12. Changes and notices
- We may change these terms. We tell account owners about changes by email at least 30 days before they take effect.
- Changes the law requires, and changes made to stop abuse, take effect at once.
- Continuing to use the service after the date a change takes effect means you accept it. If you do not accept it, you can end the service by writing to us before that date, without waiting for the 30-day notice period.
- We send our notices to the email address registered in your account.
- You can send your notices to info@peykmail.com.