Anti-Spam Policy
PLEASE READ THIS ANTI- SPAM POLICY (THE βANTI-SPAM POLICYβ) CAREFULLY BEFORE USING ANY SERVICES AVAILABLE AT DELIVRA.COM (THE βSITEβ). IF YOU DO NOT ACCEPT THIS ANTI-SPAM POLICY, DO NOT USE THE SERVICES.
At Delivra, we take anti-spam compliance very seriously. While anti-spam laws like the U.S. CAN-SPAM Act are a step in the right direction for reducing the spam problem, we donβt feel they go far enough. Our definition of spam goes beyond the laws in most countries and encompasses what we believe to be true permission-based email marketing. Our Software is directly integrated into the spam reporting systems of major ISPs. Your compliance with this Anti-Spam Policy will help ensure that we maintain our reputation and white-list status with major ISPs and whitelisting programs, which in turn, will ensure that you, our customer, retain high deliverability rate and get the most out of our Services.
Throughout this Anti-Spam Policy references to βCompanyβ are references to Delivra, Inc., and references to βCustomerβ are to you, a user of the Services.
SECTION 1:
DEFINITIONS. In addition to terms defined elsewhere in this Anti-Spam Policy, the definitions below will apply to capitalized words in this Anti-Spam Policy. Capitalized words in this Anti-Spam Policy that are not otherwise defined herein shall have the meaning ascribed in the Agreement or Acceptable Use Policy (as applicable).
- βAcceptable Use Policyβmeans Companyβs Acceptable Use Policy located atΒ delivra.com/trust/acceptable-use-policy/, as updated from time to time.
- βAgreementβmeans, as applicable, either the: 1) Terms of Service Agreement located atΒ delivra.com/trust/terms-of-service/, as updated from time to time; or 2) a superseding written agreement for use of the Services executed by and between Company and Customer.
- βAnti-Spam Lawsβmeans any and all applicable Laws regulating the transmission of electronic messages.
- βContact(s)βmeans, other than Users, any identified or identifiable natural person: 1) whose information is stored, transmitted, or otherwise βprocessedβ (as defined by the GDPR) via the Services by Customer; and/or 2) to whom Customer sends, transmits, or otherwise engages with via the Services.
- βCustomer Listβis a list of Contacts uploaded to the Services or created on or via the Services.
- βDistribution Email Addressβmeans an email address associated with a distribution list that enables a User to send an email to multiple recipients by sending that email to the single email address associated with the distribution list.
- βPermissionβmeans permission obtained from an individual, in compliance with Section 3 below, to receive communications from Customer that was either: 1) obtained within the preceding 12 months; or 2) obtained at anytime and ongoing communications have been sent to the individual over the course of the preceding 12 months.
- βPrivacy Noticeβmeans the Companyβs Privacy Notice located at delivra.com/privacy-policy/, as updated from time to time.
- βSpamβas used herein, is any email or other communication sent by a User: 1) to an individual who has not given the User their Permission to do so; and/or 2) is marked as βspamβ or βjunkβ mail by the recipient.
- βTransactional Messagesβwill have the meaning ascribed by applicable Laws.
- βTransactional Email Featureβmeans the feature of the Services that allows a User to automatically send communications upon the occurrence of a trigger action.
SECTION 2: REQUIRED CONTENT
- Unsubscribe Link.Β Unless expressly agreed by Company in advance in writing, Customer must ensure that all emails sent through Customerβs Account contain a Company (or other Company-approved) βunsubscribeβ link, in form and substance satisfactory to Company, that: 1) allows Contacts to instantly and permanently remove themselves from the applicable Customer List, 2) presents unsubscribe instructions in a clear and conspicuous way, and 3) remains operational for a period of 30 days after sending the email. Customer must monitor, correct, and process unsubscribe requests immediately and ensure that Users do not remove, disable or attempt to remove or disable such link. Customer understands that instead of using the opt-out link provided, some Contacts may use other means to submit a request to Customer to opt them out. In such cases, Customer agrees to unsubscribe any such Contact manually, by changing the Contactβs mailing status to βopt-outβ using the tools provided inside Customerβs Account within 10 business days from the opt-out request.
- Contact Information.Β Each email must clearly and accurately identify the individual or organization that authorized the sending of the email (βAuthorizing Partyβ). This means that if Customer is sending messages on behalf of an Authorizing Party, the Authorizing Party must be identified. For example, if a marketing agency is sending an email on behalf of its client, the client must be identified. To the extent required by law, identification must include the correct legal name of the Authorizing Party, a registered business number, legitimate physical address, and contact details. All identification information should remain valid for at least 30 days after the email is sent.
- Other Required Information.Customer shall ensure that communications sent through Customerβs Account are truthful and subject lines that are in no way false or misleading as to the nature of the content contained in the email. All emails must state the reason the Contact is receiving the message. For example, βYou are receiving this message from ABC Company because you signed up for our email list at abc.com.
SECTION 3: PERMISSION.
- Customer Representations.Β Customer represents and warrants that Customer has provided all disclosures required by Law in conjunction with obtaining Contactβs Permission. Customer further represents and warrants that Customer has not used any false or misleading information, names, email addresses, subject lines, or other information for the purpose of or in connection with obtaining Contactβs Permission.
- Obtaining Permission.Β Customer must retain records of any Permission received and shall provide such records to Company immediately upon request. Permission must be obtained in one of the ways described below. A Contact
- fills out or opts in via an web form subscribing to receive marketing communications from Customer; provided that the form does not contain any pre-selected fields;
- completes an offline form that expressly indicating their willingness to receive marketing communications from Customer;
- gives Customer their business card; provided that Contact was informed that by providing the business card to Customer, Contact was indicating their willingness to receive marketing communications from Customer;
- has a clear relationship with Customer, as an individual that (a) pays dues or a subscription fee to belong to Customerβs organization, or (b) has purchased a good or service from Customer within the preceding 12 months, in the course of which Customer obtained that Contactβs email address and there is a reasonable expectation that the Contact would consent to receiving emails; or
- otherwise provides Customer with their express written permission to receive marketing communications from Customer.
- Scope of Permission.Β Customer shall not send emails to Contacts on any topic that exceeds the scope of the topic that Contact has given Customer Permission to email them about. Where a Contact has provided Permission for specific individual or organization to contact them, that Permission may not be transferred to another individual or organization. Any Permission obtained from a Contact will be exclusive to Customer and will not extend to Customerβs Affiliates, unless such Permission was also granted to such Customer Affiliate.
SECTION 4: APPROVALS, RESTRICTIONS, & COMPLIANCE
- Account Approval.Β Company may request specific information about Customerβs Permission practices and email marketing activities prior to allowing access to Companyβs sending infrastructure at Companyβs discretion. Unless otherwise expressly agreed by Company, Customer may not send any emails using the Services until Customerβs Account has been approved by a member of Companyβs trained compliance team. Such approval may be withheld in Companyβs sole discretion.
- Bulk Uploads.Β Prior to any bulk and/or large Contact list uploads to the Services, Customer must obtain Companyβs prior written approval, which may be withheld in Companyβs sole discretion.
- Company API.Β The Services provide API Calls (βCallsβ) to facilitate certain account activities without relying on the Serviceβs main application interface. These Calls are governed by the same policies set forth herein. The Customer and its Users shall not use the API to circumvent Companyβs efforts to facilitate Permission- based sending via the Services. Company may dictate, in its sole discretion, permissible use of the API and Calls. Any improper use of the API, as solely determined by Company, will be grounds for immediate termination of Customerβs account.
- Prohibited Uses.Β There are some list collection methods, sending practices, and models of business which are irreconcilably at odds with Companyβs permission policy or which represent untenable risk to the reputation of Companyβs sending infrastructure. Customer shall not:
- mail to Distribution Email Addresses, emails addresses copied or scraped from the internet (or to Contact email addresses otherwise programmatically obtained from any physical or electronic source); newsgroups, purchased, loaned, or rented lists;
- mail to any Contacts obtained from a third party (unless such third party specifically obtained Permission from the Contact for Customer to mail them);
- mail to co-promotion lists, where more than one potential sender is given access to email addresses collected without the recipientβs willful, sender-specific consent;
- use the Transactional Email Feature to send non-Transactional Messages to Contacts unless you have Permission to do so;
- use the Services to administer illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or conduct any illegal activities; and
- take known demographic information and append it to information Customer obtains from a third party for the purpose of emailing an individual who has not otherwise provided Permission in compliance with this Anti-Spam Policy.
- Compliance.Β Customer acknowledges that the Services allow Customer to upload data related to Contacts and also to track Contacts engagement with emails sent using the Services. Customer represents and warrants that Customer has complied with all notice, disclosure, consent, and other requirements imposed by applicable Laws prior to uploading information about a Contact to Customerβs Account. Customer further represent and warrants that Customer shall comply with the Acceptable Use Policy, Agreement, and all applicable Laws in connection with Customerβs use of the Services.
SECTION 5: COMPANYβS RIGHTS AND OBLIGATIONS
- Contacts.Β Company will not use Contactsβ information for any purpose other than those related to the Services and as otherwise described in Companyβs Privacy Notice.
- Monitoring.Β Company reserves the right to inspect and monitor Customerβs Account and Customer Content at any time, without notice, to ensure compliance with the terms of this Anti-Spam Policy. In connection with the foregoing, Customer agrees to promptly provide records and/or other information requested by Company. In addition, Company reserves the right, but has no obligation, to:
- scan every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, Customer will be informed and required to include Companyβs unsubscribe link before sending additional email messages or Customer Content via the Services.
- monitor and meter the number of KiloBytes of data transferred when sending email messages.
- monitor any and all Customer Content and Customerβs use of the Services to ensure compliance with this Anti-Spam Policy.
- Abuse Complaints & Remediation.Β Emails sent through the Services may generate abuse complaints from Contacts. Customer is responsible for ensuring that email campaigns sent from Customerβs Accounts do not generate a number of abuse complaints in excess of industry norms. If Customerβs complaint rate exceeds industry norms, Company may immediately suspend Customerβs Account. In the event that Company sends Customer a notification requesting an explanation and tips for remediation, Customer must respond to Companyβs requests promptly and provide its remediation plan. If Customer is unresponsive, does not implement remediation measures in accordance with Companyβs recommendations within thirty (30) days of Companyβs notification to Customer, and/or Customer continues to experience high complaint rates (as determined by Company in its sole discretion), then Company may lock Customerβs Account until the issue is resolved or until the end of the period specified by the contract.
Last Modified on April 1, 2019