E-Village Anti-spam Policy
E-Village’s anti-spam policy aims at preventing users of its platform and software from sending emails that are unsolicited and/or are perceived as such by the receiver.
Definition of spam
There are several governments that have installed laws trying to regulate sending large amounts of (unwanted) emails. In the Netherlands the Telecommunicatiewet (Telecommunications Act) provides sections that deal with email. The Dutch Telecommunications Authority OPTA is the independent agency to supervise compliance to the Dutch law.
The online marketing branch uses the following definition of spam:
“Spam is the sending of large amounts of unsolicited email”
‘Unsolicited’ in this context meaning ‘unwanted’. In addition, there is the receiver’s perception and his own definition of spam. Research has shown that email with ‘an offensive subject’ and/or ‘an unknown sender’ and/or ‘with the apparent purpose of deceit’ are perceived as spam.
Spam according to E-Village
Because of the international nature of its platform and the necessity to comply with various national legislations for spam prevention, E-Village is forced to use a rather broad definition of spam, and corresponding strict rules.
E-Village defines spam as:
“Sending commercial or non-commercial email to consumers and businesses:
• For which no consent is given via a double opt-in process;
• Where the customer relationship has resulted from a purchase that took place more than 2 years (24 months) ago.”
Acceptable use policy
For every email sent from Clang, the sender should have clear and verifiable consent from the receiver. This consent may be achieved by any of the following means:
• A subscription form on the sender’s website, via which the receiver applies through a double opt-in option.
• When the receiver puts a check mark on an electronic form. This option may not be checked by default and the receiver should actively put the check mark on the form, after being provided with the explicit information that consent is given for receiving email on specific subjects.
• When the customer information is received through an offline campaign, the receiver has been made aware that the email address may be used for online marketing purposes by the sender AND he has given his explicit consent by placing a check mark on a form.
• A customer who did a purchase with the sender, within a period of two years prior to date, has been made aware at the time of purchase, that the email address may be used for online marketing purposes by the sender AND he has given his explicit consent by placing a check mark on a form.
• In case the sender received a business card, he should state clearly that contact via email may take place. The same applies when the business card was given at a trade show or other event.
In summary, the receiver should only get email from the sender, after having given explicit consent to be contacted concerning a specific subject.
Any action performed by the user of the E-Village platform, not based on the acceptable use policy above, cannot be regarded as being on the basis of ‘clear and verifiable consent’, and such actions may not be carried out using the E-Village platform. By using Clang for online marketing purposes, the user accepts the anti-spam policy and agrees to adhere to E-Village’s acceptable use policy. Moreover, the user agrees not to use email addresses:
• From receivers who have not given clear and verifiable consent to be contacted concerning a specific subject.
• That have been bought, borrowed, leased or obtained in any way from a third party, no matter what claims are stated about the quality and the origin of the database, and about the permission of the users of the individual email addresses.
• That have not been contacted in the last 24 months. Consent expires after 2 years.
• That have been harvested through the internet or any other medium or in any other place where people leave their email address, without meaning to have this address used for unsolicited bulk email.
In these cases, even if people have given their email address, consent is missing or expired.
What an email should contain at least
In addition to adhering to the rules for consent, any email sent from Clang should contain at least the following:
The sender’s true identity, including a valid email address. Users should be aware that receivers can and often will respond to emails.
• The true identity, contact details, as well as a valid postal address of the company or person on whose behalf the email was sent.
• A clear reference to an easy to use and functional process to cancel the subscription or consent, which immediately and permanently removes the receiver from the mailing list.
We are also asking the user insistently to include postal address information in any communication sent through our platform.
What happens if the user violates the anti-spam policy and rules?
When E-Village has reason to believe that actions conflicting with its anti-spam policy and rules are carried out, E-Village has the right to take immediate action. This could mean putting a campaign on hold, or terminate a campaign, until it has been established whether a complaint was justified. E-Village holds the right to exclude a user from Clang when the anti-spam policy and/or the rules in this document are violated.