Email Marketing Pledge
- Unsolicited Commercial Email
Unsolicited commercial email must not be sent.
- Commercial Email
- Commercial email must not be sent to an individual's
e-mail address unless one of the following situations exists:
- Prior affirmative consent of the individual has been
obtained, as defined by the CAN SPAM Act of 2003; or ;
or
- Prior consent of the individual has been obtained
as defined by the European Commission Privacy and Electronic
Communications Directive
- Content of Commercial Email
- Every commercial email must include an opportunity for the
recipient to unsubscribe from receiving such email
in the future. Such requests to unsubscribe must be processed
promptly and the recipient should be informed of the length
of time required for processing.
- Commercial email must not include "from address" fields,
subject lines and message bodies that are misleading, false,
or deceptive. Subject lines must not mislead as to the content
and purpose of the message.
- Gathering of Email Addresses
- Email addresses must not be gathered through surreptitious
methods (e.g., scraping or harvesting).
Definitions:
Affirmative Consent (as definted by the U.S. CAN SPAM Act
of 2003): The recipient expressly consented to receive the message,
either in response to a clear and conspicuous request for such consent
or at the recipient's own initiative; and if the message is from
a party other than the party to which the recipient communicated
such consent, the recipient was given clear and conspicuous notice
at the time the consent was communicated that the recipient's electronic
mail address could be transferred to such other party for the purpose
of initiating commercial electronic mail messages.
Consent (as defined by the European Commission Privacy and
Electronic Communications Directive): Within the context of an existing
customer relationship (where a natural or legal person obtains from
its customers their electronic contact details for electronic mail,
in the context of the sale of a product or a service), it is reasonable
to allow the use of electronic contact details for the offering
of similar products or services, but only by the same company that
has obtained the electronic contact details in accordance with Directive
95/46/EC*. When electronic contact details are obtained, the customer
should be informed about their further use for direct marketing
in a clear and distinct manner, and be given the opportunity to
refuse such usage. This opportunity should continue to be offered
with each subsequent direct marketing message, free of charge, except
for any costs for the transmission of this refusal.
*From Directive 95/46/EC: Consent shall mean any freely given
specific and informed indication of his wishes by which the data
subject signifies his agreement to personal data relating to him
being processed.
Commercial Email: email messages, sent in volume, the primary
purpose of which is the commercial advertisement or promotion of
a product or service.
Unsubscribe: A mechanism through which an individual may
request that he or she no longer receive commercial email.
Unsolicited Commercial Email: Commercial email sent without
prior consent.
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