PLEASE READ THIS ANTI- SPAM POLICY (THE “ANTI-SPAM POLICY”) CAREFULLY BEFORE USING ANY SERVICES AVAILABLE AT DELIVRA.COM (THE “SITE”). 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 don’t 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 “Company” are references to Delivra, Inc., and references to “Customer” are to you, a user of the Services.
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, Privacy Notice, and/ or Acceptable Use Policy (as applicable).
- “Acceptable Use Policy”means Company’s Acceptable Use Policy located at delivra.com/trust/acceptable-use-policy/, as updated from time to time.
- “Agreement”means, as applicable, either the: 1) Terms of Service Agreement located at 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.
- “Anti-Spam Laws”means any and all applicable Laws regulating the transmission of electronic messages.
- “Contact(s)”means, other than Users, any identified or identifiable natural person: 1) whose information is stored, transmitted, or otherwise ‘processed’ (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.
- “Customer List”is a list of Contacts uploaded to the Services or created on or via the Services.
- “Distribution Email Address”means 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.
- “Permission”means permission and consent 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.
- “Privacy Notice”means the Company’s Privacy Notice located at https://www.delivra.com/trust/privacy, as updated from time to time.
- “Spam”as 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 “spam” or “junk” mail by the recipient.
- “Transactional Messages”will have the meaning ascribed by applicable Laws and/or Applicable Data Law.
- “Transactional Email Feature”means 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/Opt-out Process. Unless expressly agreed by Company in advance in writing, Customer must ensure that all emails and SMS messages sent through Customer’s Account contain a Company (or other Company-approved) “unsubscribe” link, or opt-out process, in a form and substance satisfactory to Company, that: 1) allows Contacts to promptly remove themselves from the applicable Customer List, 2) presents unsubscribe instructions in a clear and conspicuous way, and 3) remains operational and actively monitored for a period of sixty (60) days after sending the email and/or SMS message. 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 Contact’s mailing and sending status to “opt-out” using the tools provided inside Customer’s Account within ten (10) calendar days from the opt-out request.
- Contact Information. Each email must clearly and accurately identify the individual or organization that authorized the sending of the email and/or SMS message (“Authorizing Party”). This means that if Customer is sending messages on behalf of an Authorizing Party, the Authorizing Party must be identified in a way that can be easily understood by the Contact. 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 and/or Applicable Data Law, identification must include the correct legal name of the Authorizing Party, a registered business number, legitimate physical address, and contact details (including without limitation, a valid, operational, and actively monitored telephone number and/or email address). All identification information should remain valid for at least sixty (60) days after the email is sent.
- Other Required Information.Customer shall ensure that email communications sent through Customer’s 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, “You are receiving this message from ABC Company because you signed up for our email list at abc.com” or “You are receiving this message from ABC Company because you have purchased a product and/or service from abc.com”.
SECTION 3: PERMISSION.
- Customer Representations. Customer represents and warrants that Customer has provided all disclosures required by Law and/or Applicable Data Law in conjunction with obtaining Contact’s Permission. Customer further represents and warrants that Customer has not, and will not, use any false or misleading information, names, email addresses, subject lines, or other information for the purpose of or in connection with obtaining Contact’s Permission, or violate any Law and/or Applicable Data Law in connection with obtaining Contact’s Permission.
- Obtaining Permission. Customer must retain records of any Permission received and shall provide such records to Company immediately upon request. Permission must be obtained in at least one of the ways described below. A Contact
- fills out or opts in via a web form subscribing to receive marketing and email communications and/or SMS messages from Customer; provided that the form does not contain any pre-selected fields;
- completes an offline form expressly indicating their willingness to receive marketing and email communications and/or SMS messages 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 and email communications and/or SMS messages from Customer;
- has a clear relationship with Customer, as an individual that (a) pays dues or a subscription fee to belong to Customer’s organization; (b) has purchased a good or service from Customer within the preceding twelve (12) months, in the course of which Customer obtained that Contact’s email address and there is a reasonable expectation that the Contact would consent to receiving emails; or (c) is in compliance with Applicable Data Law; or
- otherwise provides Customer with their express consent to receive marketing email communications and/or SMS messages from Customer.
- Scope of Permission. Customer shall not send emails and/or SMS messages to Contacts on any topic that exceeds the scope of the Permission that the Contact has granted to Customer. 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 Customer’s Affiliates, unless such Permission was also granted to such Customer Affiliate.
SECTION 4: APPROVALS, RESTRICTIONS, & COMPLIANCE
- Account Approval. Company may request specific information about Customer’s Permission practices and email marketing activities and/or SMS messaging activities prior to allowing access to Company’s sending infrastructure at Company’s discretion. Unless otherwise expressly agreed by Company, Customer may not send any emails and/or SMS messages using the Services until Customer’s Account has been approved by a member of Company’s trained compliance team. Such approval may be withheld in Company’s sole discretion.
- Bulk Uploads. Prior to any bulk and/or large Contact list uploads to the Services, Customer must obtain Company’s prior written approval, which may be withheld in Company’s sole discretion. Customer represents and warrants that any bulk and/or large Contact list(s) uploaded to the Services will be reconciled with Customer’s actively managed and maintained unsubscribe list, which shall be in full compliance with Anti-Spam Laws and Applicable Data Law.
- Company API. The Services provide API Calls (“Calls”) to facilitate certain account activities without relying on the Service’s 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 Company’s 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 Customer’s account.
- Prohibited Uses. There are some list collection methods, sending practices, and models of business which are irreconcilably at odds with Company’s permission policy or which represent untenable risk to the reputation of Company’s Services and 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 and/or send SMS messages 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 recipient’s 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 or sending SMS messages to an individual who has not otherwise provided Permission in compliance with this Anti-Spam Policy.
- Compliance. Customer acknowledges that the Services allow Customer to upload data related to Contacts and also to track Contacts engagement with emails and SMS messages sent using the Services. Customer represents and warrants that Customer has complied with all notice, disclosure, consent, and other requirements imposed by applicable Laws and Applicable Data Law prior to uploading information about a Contact to Customer’s Account. Customer further represents and warrants that Customer shall comply with the Acceptable Use Policy, Agreement, and all applicable Laws and Applicable Data Law in connection with Customer’s use of the Services.
SECTION 5: COMPANY’S RIGHTS AND OBLIGATIONS
- Contacts. Company will not use Contacts’ information for any purpose other than those related to the Services and as otherwise described in Company’s Privacy Notice.
- Monitoring. Company reserves the right to inspect and monitor Customer’s 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 notified and will be required to include Company’s unsubscribe link before sending any further email and/or SMS messages or Customer Content via the Services. Customer’s failure to provide an unsubscribe link in any email and/or SMS message following such notice shall result in the immediate suspension or termination of the Services.
- monitor and meter the number of KiloBytes of data transferred when sending email and/or SMS messages.
- monitor any and all Customer Content and Customer’s use of the Services to ensure compliance with this Anti-Spam Policy.
- Abuse Complaints & Remediation. Emails and SMS messages sent through the Services may generate abuse complaints from Contacts. Customer is responsible for ensuring that email and SMS message campaigns sent from Customer’s Accounts do not generate a number of abuse complaints in excess of industry norms. If Customer’s complaint rate exceeds industry norms (or such rate established by Company in its sole discretion), Company may immediately suspend Customer’s Account. In the event that Company sends Customer a notification requesting an explanation for the excessive complaint rate, Customer must respond to Company’s requests promptly and provide its remediation plan. Company may, but shall in no way be obligated to, provide recommendations to remedy the applicable issue(s). If Customer is unresponsive, does not implement its own remediation measures which shall be subject to Company’s final approval, or does not implement remediation measures in accordance with Company’s recommendations within thirty (30) days of Company’s notification to Customer, and/or Customer continues to experience high complaint rates (as determined by Company in its sole discretion), then Company may suspend Customer’s Account until the issue is resolved to Company’s satisfaction. Any suspension of the Customer’s Account shall not relieve Customer of its financial obligations and payment of applicable fees, taxes, and charges defined under the applicable Ordering Document.
Updated on May 8, 2023