1. Client Compliance Responsibility
As a client of ours, you are responsible for adhering to the policies outlined in this document as well as the individual policies of each of the 3rd party tools that are being used by us to service your account. During the onboarding process, we will let you know which 3rd party services are being deployed and the specific policies of each service.
Compliance with these policies is essential – failure to comply will result in a termination of services.
By agreeing to work with us in any capacity, you also agree to comply with these policies.
2. Audits and Oversight
Clients should expect a thorough compliance audit at the beginning of working with us, as well as at intervals as frequently as monthly. Clients must accept our policy enforcement, including allowing us to periodically directly access certain systems for compliance purposes. This includes systems related to email campaign, email list collection, and process documentation.
3. Commitment to Compliance
We expect our clients to take these policies seriously and commit to working with us to maintain a high standard of compliance.
4. Ongoing Monitoring and Enforcement
Clients are required to continuously monitor and allow us to monitor and audit these policies within their email communication practices. Failure to comply will result in a termination of services.
The Policies
A. Affirmative Consent (“opt-in”) Policy
In compliance with various anti-spam laws, including the CAN-SPAM Act you must obtain affirmative consent from recipients before sending them any commercial or promotional emails. This means that you must have a clear and explicit indication from each recipient that they want to receive emails from you.
Here are the specific affirmative consent requirements:
● You must obtain affirmative consent from each recipient individually. You cannot assume that consent given to one person applies to others.
● Consent must be clear and unambiguous. You must clearly state that you are asking for permission to send emails and that the recipient has the right to opt out at any time.
● Consent must be verifiable. You must be able to demonstrate that you have obtained consent from each recipient. This could include storing records of consent requests and responses.
Enforcement Procedures:
We will take the following steps to enforce this policy
1. Conduct regular audits (as frequently as monthly) of email marketing campaigns to ensure compliance with this policy.
2. Investigate any complaints or reports of non-compliance with this policy.
3. Take appropriate disciplinary action against any employee, contractor, or agent who violates this policy.
4. Provide ongoing training to employees, contractors, and agents on the affirmative consent requirements and this enforcement policy.
Disciplinary Action:
Violations of this policy may result in disciplinary action, up to and including termination of services.
Policy Review:
This policy will be reviewed and updated as needed, or at least annually.
References:
● CAN-SPAM Act
● Other applicable anti-spam laws and regulations
● Specific policies of the individual 3rd party services being used by you
B. Sender Identification Requirements
Each email that is sent must comply with the following sender identification requirements:
● Clearly identify and accurately represent the sender. This means that the recipient should be able to easily identify the person or organization that is sending the email.
● Include a clear non-deceptive subject line. The subject line should accurately describe the content and purpose of the email. For example, if the email is an advertisement or a promotion, the subject line should clearly reflect this.
Enforcement Procedures:
We will take the following steps to enforce this policy:
1. Conduct regular audits (as frequently as monthly) of email marketing campaigns to ensure compliance with this policy.
2. Investigate any complaints or reports of non-compliance with this policy.
3. Take appropriate disciplinary action against any employee, contractor, or agent who violates this policy.
4. Provide ongoing training to employees, contractors, and agents on the sender identification requirements and this enforcement policy.
Disciplinary Action:
Violations of this policy may result in disciplinary action, up to and including termination of services.
Policy Review:
This policy will be reviewed and updated as needed, or at least annually.
References:
● CAN-SPAM Act
● Other applicable anti-spam laws and regulations
● Specific policies of the individual 3rd party services being used by you
C. Revocation of Consent Policy
All commercial or promotional emails that you send must include the following revocation of consent information:
● An accurate physical mailing address in the body of the email. This address should be where unsubscribe requests can be physically mailed.
● A clear and conspicuous unsubscribe link. The unsubscribe link should be easy to find and click.
Enforcement Procedures:
We will take the following steps to enforce this policy:
1. Conduct regular audits of email marketing campaigns (as often as monthly) to ensure compliance with this policy.
2. Investigate any complaints or reports of non-compliance with this policy.
3. Take appropriate disciplinary action against any employee, contractor, or agent who violates this policy.
4. Provide ongoing training to employees, contractors, and agents on the revocation of consent requirements and this enforcement policy.
Disciplinary Action:
Violations of this policy may result in disciplinary action, up to and including termination of services.
Policy Review:
This policy will be reviewed and updated as needed, or at least annually.
References:
● CAN-SPAM Act
● Other applicable anti-spam laws and regulations
● Specific policies of the individual 3rd party services being used by you
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