SmartSender is owned and operated by Smart Sender, PLC d/b/a SmartSender, an Estonian Private Limited Company (osaühing or OÜ in Estonian) (“SmartSender,” “we,” or “us”) follows a zero-tolerance spam policy and prohibits Customers from sending unsolicited emails in any form while using the Service. SmartSender participates in a number of industry initiatives, which promote responsible, permission-based email marketing.
1. Legal Requirements
SmartSender requires all Customers to comply with the following legal requirements established for commercial email service providers: CAN-SPAM Act of 2003, EU General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’) and laws in force of the Customer’s country of residence.
2. What Is Spam?
Spam, also known as junk mail, is unsolicited commercial email messages, especially bulk email messages. Unsolicited means that the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. The term ‘spamming’ refers to transmitting, distributing, or delivering any unwanted commercial e-mail correspondence, especially in mass quantities, through the electronic means of communication.
Subscribers can be added to the Service account (“SmartSender Account”) in multiple ways. They may either send a blank email to your account address at https://smartsender.io/ or fill out a capture form on your website. Email addresses may also be imported, added via API calls, Phone, or added to the mailing list manually. In such cases, the Customer must have their subscriber’s permission to process their data. It is prohibited to send messages to any person that has not expressed their consent to receive such information from the Customer. We would like to note that the subscriber’s consent may not be presumed or inferred from the statements of other content. In addition, subscribers may withdraw their consent at any time.
SmartSender may send a new subscriber a message confirming their interest in receiving information from the Customer. Customers may request to disable the confirmation for email and web subscriptions.
We recommend “confirmed opt-in” to all Customers. This efficiently prevents spam complaints and makes the list much more responsive, as subscribers are receiving the information they expect. The confirmation email may be customized so that recipients can easily recognize which list they subscribe to.
SmartSender strictly prohibits Customers from renting, leasing, and/or purchasing email addresses from a third party, as well as from gathering them through surreptitious methods, such as scraping or harvesting. The use of any kind of automated solutions, software, or scripts is strictly prohibited. The Customer may store, manage the data and send electronic information only to those recipients who have expressly agreed to receive such information from the Customer.
We reserve the right to verify the list of subscribers imported by the Customer in terms of their quality, i.e., among others possessing required approvals for the sending of electronic messages, the existence of spam traps, or misspellings. The negative result of such a verification entitles us to reject the imported list. If a greater number of email addresses is imported, we reserve the right to require the Customer to carry out a test dispatch to a part of the email addresses. The Customer’s capability to import the entire list or send messages to the remaining email addresses from the list will depend on the results of the test dispatch.
4. Content of Your Messages
The Customer must provide true and accurate information to be used in their email headers, i.e., “From” and “To” data must clearly identify the sender. The subject line must not be deceptive and thus mislead the subscriber about the purpose and content of the message.
The messages cannot contain any vulgar or illegal content.
5. Postal Address
The Customer must provide their true and accurate postal address that will be included in each message footer. The Customer is required to maintain and promptly update this data to ensure it is current, complete, and accurate.
Each message sent from a SmartSender Account contains an unsubscribe link that cannot be removed. The link automatically updates the mailing list to ensure that a subscriber that has opted out will not be sent any further mailings.
The Customer is not allowed to send messages to any individual who had been added to the mailing list but later unsubscribed from it. SmartSender automatically handles all unsubscribe requests on the Customer’s behalf. The list of individuals that have opted out shall be provided in the Customer’s Account.
7. Agreement Violations
The Customer must not use the Service to send any unsolicited and unwanted e-mail correspondence. Neither the smartsender.io email address nor the SmartSender URL may be included in a bulk message or in a bulk-advertised web page.
We reserve the right to issue a warning should https://smartsender.io/ Customer be found spamming or using the Service for any abusive or illegal practices. Appropriate actions, such as terminating the Customer’s account without notice or a refund and/or reporting the Customer and the incident to their ISP and proper authorities, shall be taken should the Customer appear to perform or be performing such practices, despite the explicit warning. Without limiting the foregoing, the Customer shall be liable for any loss incurred or damage suffered by SmartSender or any third party should such loss result from noncompliance with this Anti-Spam Policy.
If you believe you have been spammed, please notify email@example.com.
Last updated: 01 January 2020