Anti-Spam Policy

1     Introduction

Emarsys eMarketing Systems AG provides its clients with the software and infrastructure to deliver permission-based electronic messages to their recipients. Emarsys takes its responsibility towards the recipients of its clients seriously and has implemented a zero tolerance spam policy. Emarsys exclusively supports permission-based marketing practices. Any customer found to be using Emarsys email marketing applications to send spam will immediately have their access to the product revoked. If you know of, or suspect any violators, please notify us immediately at abuse-report@emarsys.com

 

2     What is Spam?

MAPS (Mail Abuse Prevention System) by TrendMicro provides a clear definition of what type of communication is considered as spam:

  • The recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients.
  • The recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent.
  • The transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

 

3            Legal Requirements

Emarsys requires all its clients to comply with the current legal requirements regarding spam, commercial electronic messages and the collection and protection of personal information, in place in both the client’s country of residence and the client’s geographical area of operation (i.e. where the client’s recipients are based). These legal requirements include:

  • The CAN spam Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act),
  • The Directive on Electronic Commerce (2000/31/EC) of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market, and
  • The Directive on Privacy and Electronic Communications (2002/58/EC) of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications

 

4            Emarsys Member Agreement

As part of the contractual Terms of Service, Emarsys clients agree to using Emarsys’ applications and infrastructure only to send emails – or other electronic messages – to customers and prospects that have explicitly consented (opted-in) to receive emails from them and refrain from sending unsolicited emails (i.e. spam).

 hand Any Emarsys client found to be sending spam using our application and infrastructure is subject to immediate contract and service termination and potential legal action. In addition, Emarsys does not buy or sell mailing lists nor endorses the use of purchased, rented or harvested mailing lists by any of our clients.

 

5            Mandatory Unsubscribe Options

Every email sent through Emarsys’ application or sending infrastructure must contain an unsubscribe link that is both clearly visible and easy to use. The unsubscribe functionality must not require the recipient to send an unsubscribe request via email or to login to a user-account first.

 

6            Reporting Spam Sent by an Emarsys Client

Should you suspect that you may have received an unsolicited email from an Emarsys client, please send an email to abuse-report@emarsys.com containing the following information:

  • Full details on sender name and/or from address
  • The email address the suspected spam has been sent to (Important: it may differ from the one that you are sending us the complaint from)
  • The time and date you received the email Emarsys thoroughly investigates every single spam complaint.

Should we be able to trace the affected email address we will immediately remove it from the relevant client mailing list.

Other options for reporting spam by and Emarsys client, is to use the “mark/report as spam” functionality offered by leading Webmail providers, such as Yahoo, Hotmail, etc. Alternatively use an anti-spam blacklist provider, such as SpamCop (www.spamcop.net), which provide an easy way to report unsolicited emails.

 

7            Anti-spam Organisations

Emarsys supports the activities of the following anti-spam organisations:

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