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 Clients 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 Clients 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 Client’s country of residence.
2. What Is Spam?
Spam, also known as junk mail, is an 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, thru 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 Client 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 Client. We would like to note that the subscriber’s consent may not be presumed or infer from the statements of other content. In addition, subscribers may withdraw their consent at any time.
SmartSender will send a new subscriber a message confirming their interest in receiving information from the Client. Clients may request to disable the confirmation for email and web subscriptions.
We recommend “confirmed opt-in” to all Clients. This efficiently prevents spam complaints and makes the list much more responsive, as subscribers are receiving information they expect. The confirmation email may be customized, so that recipients can easily recognize to which list they subscribe.
SmartSender strictly prohibits Clients 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 kinds of automated solutions, software or scripts is strictly prohibited. The Client may store, manage the data and send electronic information only to those recipients who have expressly agreed to receive such information from the Client.
We reserve the right to verify the list of subscribers imported by the Client in terms of their quality, i.e. among others possessing required approvals for the sending of electronic messages, 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 Client to carry out a test dispatch to a part of email addresses. The Client’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 Client 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 Client must provide their true and accurate postal address that will be included in each message footer. The Client 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 Client is not allowed to send messages to any individual that had been added to the mailing list, but later unsubscribed from it. SmartSender automatically handles all unsubscribe requests on Client’s behalf. The list of individuals that have opted out shall be provided in the Customer’s Account.
7. Agreement Violations
The Client 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 Client be found spamming or using the Service for any abusive or illegal practices. Appropriate actions, such as terminating Client’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 Client appear to perform or be performing such practices, despite the explicit warning. Without limiting the foregoing, the Client 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 firstname.lastname@example.org.
Last updated: 01 January 2020