This Anti-Spam Policy applies to mailingmanager's email marketing service and any other service provided by mailingmanager to you ("Service").
Please note, for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation 2016 as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (“the UK GDPR”) in relation to the third party data which you supply mailingmanager is NOT a data controller and does not supply data for use on the mailingmanager service. You are the data controller and supply your own data for use on our system. It is your responsibility to ensure that all personal data that you use is processed in accordance with the relevant data protection law as amended from time to time.
PLEASE NOTE, YOU MAY NOT USE THE MAILINGMANGER SERVICE UNLESS YOU AGREE TO BE BOUND BY THIS ANTI-SPAM POLICY. BY USING THE MAILINGMANAGER SERVICE YOU AGREE TO BE BOUND BY THIS POLICY.
Definition of Spam
If you send an email to a recipient that has not given you direct permission to contact them, this is considered an unsolicited email.
If you send the same unsolicited email to a list of recipients that have not given you direct permission to contact them, this is considered spam.
The recipients you send to must know who you are, this is why third-party opt-ins or purchased lists can't be used. Although the lists may be GDPR compliant, the recipients won't know who you are and the emails will be considered spam and likely cause high bounces and complaints. The company that is the subject of the email must have built the list themselves.
Only First-party data can be used with mailingmanager
First-party data is internal. The data will have been built from users that have interacted directly with the company that is the subject of the email such as customers and prospects that have registered at the company’s website.
Third-party data is external. The data would have come from external sources such as a data or list provider.
Mailingmanager in its absolute discretion prohibits the following:
- use of the Service in any manner associated with the transmission, distribution or delivery of any unsolicited commercial email or unsolicited bulk email ("Spam") except where authorised by law. You may not use the Service to send any Spam;
- use of the Service to send out communications to anybody who has asked you not to contact them or who has not explicitly signed up to receive such communications by way of an opt-in which requires specific, informed and unambiguous consent;
- use of the Service to send out communications with an unrelated subject / content to that which the subscriber requested to be informed about;
- use of the Service for:
- the promotion or sale of email lists;
- the sale or advertising of illegal goods or services;
- pornography or other sexually explicit emails;
- the sale or advertising of pharmaceutical products;
- Dietary supplements and weight loss
- Male enhancement products
- Escort and dating services
- Affiliate or multi-level marketing
- the promotion or offer of internet loans and pay day loans
- Bankruptcy, debt repair or debt consolidation
- Sending adverts for multiple companies to the same list;
- get rich quick', pyramids, work at home schemes;
- Illegal Substances or Goods
- Sale of social media influence (such as followers, likes, and shares)
- Cryptocurrency sales or promotion
- B2C and B2B property investment
- gambling and lottery products and services; or
- online trading, day trading and other activities relating to the stock market;
- use of the Service for any other purpose which we consider, in our absolute discretion, to be in appropriate.
As an Email Service Provider, our whole organisation is based around the deliverability of the emails that are sent through our servers. Any email sent through the Service must:
- not use or contain invalid, forged or misleading header information;
- not use or contain invalid or non-existent domain names;
- not use a third party's internet domain name without permission of the third party;
- not misrepresent, hide or obscure in any other way any information identifying the origin or transmission path;
- not use or contain false or misleading information in the subject line;
- not use or contain any false or misleading content;
- provide recipients with an opt-out mechanism able to process opt-out requests;
- honour any opt-out request promptly and in any event within 10 working days from receiving the opt-out request;
- provide recipients with clear and specific information in relation to the processing of their personal data in accordance with the provisions of all relevant data protection legislation
- contain the sender's full, verifiable, legitimate postal address
- if relevant, clearly identify that the commercial email is an advertisement and contain your valid physical postal address;
- if relevant, clearly identify the email as a promotional offer and ensure that any conditions which must be met to qualify for it are easily accessible, and presented clearly and unambiguously;
- if relevant, clearly identify the email as a promotional competition or game and ensure that any conditions for participation are easily accessible and presented clearly and unambiguously; and
mailingmanager customers are only allowed to send emails to people who have given prior informed, specific and unambiguous permission to receive promotional material from them ("Permission Based").
Data which we consider to be Permission Based:
- Your data is collected via a subscription form on your website which provides all information necessary to ensure compliance with all applicable current data protection and privacy legislation
- Your data was collected via an opt-in check box on an online form. This box must not be pre-checked as default and must be specific and unambiguous as they are otherwise not knowingly opting in and which must provide all information necessary to ensure compliance with all applicable current data protection and privacy legislation
- Addresses that were collected via Trade Shows / offline. They must be aware that you will be sending them promotional emails by providing their address and where you can demonstrate that you have provided all information necessary to ensure compliance with all applicable current data protection and privacy legislation
Data which we consider NOT to be Permission Based ("Non Permission Based"):
- Any purchased/rented/loaned email list, regardless of whether they have 'opted in' or how much the list cost you. You need to obtain the informed, specific and unambiguous opt in yourself.
- Any third-party list you have acquired. You need to obtain the informed, specific and unambiguous opt in yourself.
- Addresses that you have 'harvested' or copied from your target markets websites. You need to obtain the informed, specific and unambiguous opt in yourself.
- Any addresses that you cannot prove how you've collected them
- Any other addresses which do not fall within the scope of the Permission Based data.
If you are sending emails on behalf of your clients, your client must obtain the informed, specific and unambiguous opt in themselves, you cant use your own lists for a clients email campaign as this would be a third-party list.
mailingmanager prohibits the use of the Service in any manner associated with the transmission, distribution or delivery of any Non Permission Based email.
We'll know if you're using Non Permission Based Data or Lists: We are vigilant in our efforts to prevent users using data and lists which are Non Permission Based and have several procedures in place to ensure that our system is kept clean of bad data.
- Random Email Verifying - We check the content and subject lines of new campaigns to make sure that it is appropriate and not misleading. If we feel it is, the emails will be paused until the content is corrected. We approve all client emails before they are sent with new accounts.
- List Verification - All large lists will be reviewed by us before you will be allowed to send to them. We have automated systems to allow us to review any uploaded list and if the list is Non Permission Based or does not pass our criteria in any other way, you will not be allowed to send to it.
- Abuse complaint, Bounce and Unsubscribe Rates - We are constantly receiving information from our partnerships with Internet Service Providers ("ISP's") to look for any abnormally high complaint, bounce and unsubscribe rates. If we do see a high rate, we may disable your account and contact you to discuss the issue. We can also terminate accounts based on high complaint, bounce or unsubscribe levels.
- ISP and Blacklist communication - We continue to communicate with both ISP's and Blacklists at all times to ensure that our customers aren't breaking any rules. We have feedback loops set up with the major ISP's and are always welcoming any blacklist companies or ISP's to contact us with further suggestions on how to improve.
If we believe that unauthorised or improper use is being made of the Service, we may, without notice, take such action as we, in our sole discretion, deem appropriate, including the suspension or termination of any account. Unauthorised use of the Service may result in civil action against you and anyone assisting you.
We may, in our absolute discretion levy a £250 charge against you for each instance in which you use mailingmanager to send out emails to addresses obtained in any way other than a subscriber providing informed and specific, and unambiguous opt-in consent. This is to reflect our administrative charges in monitoring and responding to the same.
Nothing in this policy is intended to grant any right to transmit or send email to, or through, the Service or to place any obligation on mailingmanager to check or confirm the legal compliance of any email. Failure to enforce this policy does not amount to a waiver of mailingmanager's rights.
Have you received Spam from a Mailing Manager user?
If you have received Spam from one of our clients please send an email to email@example.com with full details of the email received and we will deal with it promptly.