Legal Notice of Email Marketing Panamá

Service provider identification

The website emailmarketingpanama.com (hereinafter, the Site) is owned by the company identified below. The identification information is provided pursuant to article 7 of Law 51 of July 22, 2008 on Electronic Commerce of the Republic of Panama, which obliges information society service providers to publish in a permanent and accessible manner the minimum information for legal identification of the operator.

Contact details and attention channels

The official communication channels with Email Marketing Panamá are the following. Any communication directed to other channels (social media, forums, personal profiles of the team) is not considered official notification for legal purposes and does not generate response obligations within legal deadlines.

• Commercial inquiries and proposals: ventas@emailmarketingpanama.com (response in 1 business day)
• Technical support for active clients: soporte@emailmarketingpanama.com (SLA per contracted plan, see terms of service)
• Legal matters and formal notifications: ventas@emailmarketingpanama.com with subject "[LEGAL]" (response in 5 business days)
• Personal data protection (DPO): ventas@emailmarketingpanama.com with subject "[DPO]" (response in 10 calendar days pursuant to Law 81)
• Commercial phone: +507 832-5511 (Monday to Friday, 8:00 to 17:00 Panama time)
• Postal domicile for notifications: Atrium Tower, Floor 15, Calle 54, Obarrio, Panama City

Economic activity and services provided

Email Marketing Panamá provides infrastructure services and email marketing platforms for business clients (B2B) in Latin America and international markets. The main services cover: email marketing platform with verified audiences; dedicated SMTP servers (PowerMTA, KumoMTA); transactional SMTP relay; deliverability audit; migration from mainstream platforms (Mailchimp, HubSpot, Klaviyo, Constant Contact, ActiveCampaign); compliance with Law 81 of Personal Data Protection of Panama; DMARC and BIMI monitoring; forensic email investigation.

The complete catalog of services and pricing is published at pricing-en.html (English version) and precios-email-marketing-panama.html (Spanish version). The specific contractual terms of each service are governed by terms-conditions-en.html.

Activity regime and authorizations

The economic activity of telecommunications services and email infrastructure does not require specific prior authorization from the National Authority for Public Services (ASEP) or from the Ministry of Commerce and Industry in its international B2B modality, pursuant to the electronic commerce regime established in Law 51 of 2008. The operation is subject to the general Panama tax regime and to compliance with the Operating Notice provided for in Decree Law 5 of 2007.

Legal verification requests can be sent to ventas@emailmarketingpanama.com with subject "[LEGAL]" and will be attended in 5 business days.

Intellectual and industrial property

All contents of the Site (texts, graphics, logos, photographs, source code, scripts, visual design, trademarks, database, verified audiences and any other published material) are the exclusive property of Email Marketing Panamá or are licensed under permission from the original holder. The reproduction, distribution, public communication or transformation of these contents without express written authorization constitutes infringement of intellectual property rights provided for in Law 64 of October 10, 2012 on Copyright and Related Rights of the Republic of Panama.

The trademarks "Email Marketing Panamá", "EMP" and "Panama Scorer™" are commercial marks used by the company. The use of these marks by third parties without express authorization is prohibited and may give rise to the legal actions provided for in Law 35 of 1996 on Industrial Property of Panama.

The user may view the content published on the Site for personal use or commercial evaluation of the services. Commercial use requires express written authorization. Authorization is requested at ventas@emailmarketingpanama.com with subject "[LICENSE]".

Liability limitation on published content

The content of the Site is published for informational and commercial purposes. Email Marketing Panamá adopts reasonable measures to verify the accuracy and currency of the published information, but does not guarantee the absolute absence of errors, omissions or outdated data, particularly regarding prices, technical characteristics of third-party services mentioned (Mailchimp, HubSpot, Klaviyo, ActiveCampaign, Constant Contact, Brevo, MailerLite, Microsoft, Google) and quantitative market data.

The quantitative data published (inbox placement percentages, IP reputation, list decay, comparative costs, delivery times) are documented industry benchmarks or measured on the operational portfolio of Email Marketing Panamá. They do not constitute a guarantee of specific results for any individual client. The results a client obtains depend on variables outside the provider control, such as quality of the content sent, recipient list, technical configuration of the client, behavior of mailbox providers, applicable regulation and other similar factors. The specific contractual regime of warranties and SLA is established in the terms of service, not in this legal notice.

Email Marketing Panamá is not liable for damages or harm derived from the use of the Site, technical failures, viruses, unauthorized access or other circumstances outside the reasonable diligence of the operator. The user assumes the risk of using the Site within the limits permitted by Panama law.

Links to third-party sites

The Site may contain links to third-party websites (technology providers, regulatory authorities, documentary sources, compared platforms). These links are published for informational and reference purposes. Email Marketing Panamá does not control the content of the linked sites nor assumes responsibility for their availability, accuracy, privacy policy or commercial practices. The inclusion of a link does not imply endorsement, commercial association, or implicit recommendation of the linked site.

Third-party logos and trademarks (Mailchimp, HubSpot, Klaviyo, Microsoft, Google, IETF, ANTAI, etc.) cited are property of their respective holders. Their use on the Site is made exclusively for descriptive reference, honest comparison or academic citation, pursuant to the fair use permitted in article 47 of Law 64 of 2012 on Copyright.

Applicable law and jurisdiction

This Legal Notice and, in general, the legal relations between Email Marketing Panamá and the users of the Site are governed by the laws of the Republic of Panama. The main applicable rules are:

• Law 51 of July 22, 2008 on Electronic Commerce of the Republic of Panama
• Law 81 of March 26, 2019 on Personal Data Protection
• Executive Decree 285 of May 28, 2021 regulating Law 81
• Law 64 of October 10, 2012 on Copyright and Related Rights
• Law 35 of May 10, 1996 on Industrial Property
• Decree Law 5 of 2007 on Operating Notice
• Political Constitution of the Republic of Panama, articles 29 (correspondence and private documents), 42 (honor, dignity, private life), 43 (access to public information), 44 (habeas data)

For the resolution of disputes arising from the use of the Site or services contracted with Email Marketing Panamá, the parties submit to the jurisdiction of the courts of Panama City, except when the mandatory law applicable to the user establishes a different forum. For B2B corporate clients, contractual terms may include an arbitration clause pursuant to the Regulations of the Panama Conciliation and Arbitration Center (CeCAP) of the Chamber of Commerce, Industry and Agriculture of Panama.

Modifications to this legal notice

Email Marketing Panamá reserves the right to modify this Legal Notice at any time to adapt it to regulatory changes, operational adjustments of the Site or internal administrative decisions. The modifications come into force from their publication on the Site. The date of last update appears at the start of the document.

When the modifications affect substantial elements (applicable jurisdiction, provider identity, scope of covered services, reserved intellectual property rights), Email Marketing Panamá will publish a prominent notice on the main page of the Site for 30 calendar days and will notify by email the active clients with a current contract.

Use of the Site after the entry into force of modifications implies tacit acceptance of the updated version. If a user does not agree with the modifications, they can stop using the Site. For clients with a current contract, the modifications affecting contractual terms will apply according to the specific change regime established in the terms of service.