ASX-Audience Serv has developed an e-mail marketing advertising platform, and its own algorithm which has the main goal to optimize e-mail sendings and maximize results in the e- mail marketing channel;
ASX-Audience Serv technology determines the top performing micro-segments, sending the right campaign to the right subscriber and avoiding sending duplicated messages to the same subscriber.
The success of ASX-Audience Serv depends directly on the ability to satisfy all parts, including Advertisers, Publishers (companies that own databases with information of their users emails collected in opt-in compliance with applicable law) and subscribers (users contained in the Publishers databases that gave at the time of registration, the consent order to receive advertising campaigns).
With this intention, ASX-Audience Serv defined a set of principles that aim to safeguard the best interests of all parties:
- We believe that Email Marketing Advertising, should create a positive experience for users. We develop a system with the ultimate goal of delivering the right message to the most receptive user, aiming to increase campaigns performance and enlarging subscribers lifecycle.
- The security of Advertisers, Publishers and Subscribers is a cornerstone of ASX-Audience Serv.
A trustful relationship must be built between, Advertisers, ASX-Audience Serv, Publishers and other external parties.
Advertisers must accomplish industry standards and ASX-Audience Serv rules, regarding advertising material.
The widespread advertising must be accurate and truthful. The information provided by advertisers in their email marketing campaigns must be credible and true by fulfilling all applicable laws.
- The widespread publicity should be clear and transparent, easily identifying which service is being advertised. The violation of applicable law is the (solo) responsibility of the Advertiser.
- On the other hand, in order to be eligible as a ASX-Audience Serv Publisher; the Publisher’s data collection must be made through the “opt-in” method and shall grant explicit consent of the subscribers to receive third party advertising campaigns. Databases must be in complete accordance with the applicable legislation in each case (International, European and National laws), thus guaranteeing that subscribers are protected from potential damage associated with the activity of email marketing, such as phishing, virus, trojans, scams or other types of badware
Audience Serv GmbH is the owner and manager of the advertising platform named “ASX- Audience Serv"; is present at Kemperplatz 1, 10785 Berlin, Germany. By using our p latform the Advertiser is accepting the following terms. Please read them carefully.
By accepting using our platform, you agree to the terms and conditions, advertising policies and terms of vouchers usage. ASX-Audience Serv is designed to be used via the web interface available and the public API, to which the documentation is available from the platform. The use of ASX-Audience Serv must always be made through these interfaces and according to provided instructions at the platform. ASX-Audience Serv cannot be used by any other methods other than the web interface and the public API. Any violation of this principle will suffice to cancel your account and take legal reason. Using ASX-Audience Serv grants no ownership over the intellectual rights or the content accessed, as described in the advertising policy. ASX- Audience Serv may examine advertising campaigns and determine whether it violates some industry rules, our policy or other rules. Using ASX-Audience Serv implies the Advertisers acceptance of a communication flow ( phone , fax , email or sms ) for alerts, notifications or other messages as presenting new features or services.
ASX-Audience Serv monitors and records traffic generated in the campaigns in accordance with the service provided by ASX-Audience Serv.
ASX-Audience Serv shall have the right to reference and refer its relationship with Advertisers for marketing and promotional purposes.
In case of conflict between the platform’s terms and conditions and an Advertiser agreement signed by both ASX-Audience Serv and the Advertiser, the Advertiser agreement shall prevail. Therefore, when accepting the platform’s terms and conditions, the Advertiser is accepting only the clauses that are not mentioned on the signed advertiser agreement.
If you suspect your access keys to your account have been violated, please report immediately the event to ASX-Audience Serv team in order to take necessary actions to ensure the security of your account.
ASX-Audience Serv Advertiser’s can create e-mail marketing campaigns, defining an action
schedule and budget.
- Define the amount of times the same subscribers receives a campaign.
- Define the target audience (gender, age, country/Region/City. Country/language, geo-targeting and interest may be available depending on the target country of your campaign).
- Based on the Bid Advisor tool, Advertiser’s are allowed to define a minimum or maximum CPC value.
Only unique clicks, (tracked single clicks within 1 hour, in one campaign) are considered for payment.
- Define e-mail kit creativity (including From Name, Subject, e-mail body and plain text version)
- More advanced options are available such as Google Analytics Integration, Open Pixel Tracking, Conversion Tracking and also Suppression List (which allows you to define a set of e-mails you don’t want to be include in a determinate campaign).
Your campaign may be approved or rejected depending on the advertising policy defined above. After a campaign is approved, a first sample of e-mails is sent to obtain statistics that will show the campaign reception by the subscribers. Depending on its performance, the system and the bidding algorithm will define which subscribers will receive the next sending, always respecting the campaign’s targeting and definition. Advertiser’s can pause or stop a campaign at any time, after pausing there 20 days period for re-activation.
The potential audience an Advertiser may reach is calculated according to the following parameters: Bid Value, Campaign Category, Country and Selected Target, and will be presented in the Bid Advisor tool.
After the first campaign day, the available audience will be redefined, based on the campaign performance against other campaigns running in the same category and the selected bid value. The combination of a better performing campaign with a higher bid value will guarantee more audience for that specific campaign.
After a campaign is activated, statistics will appear in your dashboard. On the menu bar Advertiser’s may find general and detailed statistics for each campaign within the chosen time frame. The available metrics in general statistics section are: E-mail Sends, Opens, Clicks, Unique Clicks, CPC, Conversions and Campaign Cost. Detailed statistics will match the metrics above described alongside with campaign segments previously defined by the Advertiser. This match will be represented by dynamic graphics, for an innovative and more accurate analysis of each particular segment.
In order to submit a campaign, Advertiser’s must fill in billing and contact information. It is mandatory that billing information, such as Company Name, Address and VAT, are submitted according to the company’s legal and financial standards. Advertisers must ensure that the information provided to ASX-Audience Serv is true and accurate, and are complied to immediately update, if any changes on the company or billing information occurs. Advertisers will pay for each unique click generated through ASX-Audience Serv Advertising Platform. The monthly campaigns cost is available on the billing area. This value may be subjected to a few minutes delay.
Due to the nature of email marketing campaigns, (depending on the recipient behavior, one e- mail might be sent in one month and only opened and clicked in the following month) the amount of clicks invoiced are related to the clicks generated in that specific month. Once the campaign’s defined time frame ends, all further clicks generated within the next 30 will also be invoiced.
The invoices will be issued and sent by e-mail to the Advertisers in the first days of the following month.
Campaigns may be temporarily suspended if the payment is not received within the aforementioned terms, such as within the due date defined by ASX-Audience Serv, and made exclusively through wire transfer to the bank account displayed in the invoice. Any due payment shall be deemed valid and effective only if made through wire transfer, as any other method is not acceptable.
All values presented in the platform do not include VAT tax.
ASX-Audience Serv will always try to improve its platform with new features and improvements in operating speed due to this actions, the platform may be unavailable for certain periods of time. We aim to reduce this maximum periods and minimize the impact that it may have for users.
The ASX-Audience Serv, or its distributors, do not make any assumptions about the level of functionality, reliability or availability of the service. The Advertising Platform is provided "as is". ASX-Audience Serv shall not be liable for any loss of revenue, profits, data, financial loss or legal action or direct or indirect fines.
The Advertiser may suspend the use of the platform at any time, without prior notice. The effects will count 24 hours after the confirmation. This process should be done through "normal " means of communication. Ex: E-mail/telephone. The effects of suspension apply to the advertising activity (sending emails) after the deadline indicated above. Therefore, any subsequent actions that happened after the suspension confirmation, but related with advertising actions performed prior to the suspension, will be counted for the purposes of billing. In case of fraud or misusage of the platform the account will be suspended until regular activity takes place. If proven that there was fraud or misusage of the platform the account will be permanently closed, however any subsequent actions that happened during the temporary suspension or after the definitive closure will be counted for the purposes of billing.
ASX-Audience Serv is aware of the implementation of the new General Data Protection Regulation (GDPR), REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27th of April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. In view of these changes, it wishes to work with Advertisers who comply with the Regulation.
The Advertiser warrants that it is aware of the changes that the GDPR has implemented and that it acts in accordance with the legal requirements.
The Advertiser ensures from the date stipulated for the application of the new law - 25th of May of 2018, it will be compliant and will always fulfill the GDPR and Data Protection requirements. The Advertiser declares that it will formally and immediately inform ASX-Audience Serv of any non compliance, and that it will adopt all the legal requirements to solve the issue. Also, the Advertiser declares that it will assist in providing the exercise of all rights under the GDPR, such as (but not limited to) providing subject access and allowing data subjects to exercise their rights or the immediate notification of personal data breaches.
For any case of dispute, Advertisers agree to settle any/all dispute(s) under the German Tribunal of Berlin.
Audience Serv GmbH,
Kemperplatz 1, 10785 Berlin, Germany
HRB 123799 B company registration number