Introduction

Emarsys provides the software and infrastructure for the delivery of permission-based electronic messages as part of our Customer Engagement Platform.

We understand our responsibility towards the recipients of such messages and have a zero-tolerance spam policy, and only supports permission-based marketing practices.

If any of our customers are found to be using our infrastructure or applications to send spam then they will be immediately excluded from the use of our products. If you know of or suspect any violations, please notify us immediately at abuse-report@emarsys.com.

What is spam?

The Spamhaus project provides a clear definition of what type of communication is considered as spam:

  • The recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients.
  • The recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent.
  • A message is Spam only if it is both Unsolicited and Bulk – Spam is an issue about consent, not content.

Legal requirements

Emarsys requires all its clients to comply with the current legal requirements regarding spam, commercial electronic messages and the collection and protection of personal information, as they exist in both the client’s country of residence and the client’s geographical area of operation (i.e. where the client’s recipients are based). These legal requirements include:

  • The CAN SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act),
  • The Directive on Electronic Commerce (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
  • The Directive on Privacy and Electronic Communications (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.

Emarsys member agreement

As part of the contractual Terms of Service, Emarsys clients agree to use Emarsys applications and the Emarsys infrastructure exclusively for sending emails – or other electronic messages – to customers and prospects who have explicitly consented (opted-in) to receive emails from them, and that they refrain from sending unsolicited emails (=spam).

Important note: Any Emarsys client sending spam via our applications and infrastructure is subjected to immediate contract and service termination and potential legal action. In addition, Emarsys does not buy or sell mailing lists nor endorses the use of purchased, rented or harvested mailing lists by any of our clients.

Mandatory unsubscribe option

Every email sent via an Emarsys application or our sending infrastructure must contain an unsubscribe link which is both clearly visible and easy to use. The unsubscribe functionality must not require the recipient to send an unsubscribe request via email or to log in to a user account first.

Reporting spam messages sent by an Emarsys client

Should you suspect that you may have received an unsolicited email from an Emarsys client, please send an email with the following information to abuse-report@emarsys.com:

  • Full details on sender name and/or from address
  • The email address the suspected spam has been sent to
  • The time and date you received the email

Note: The email address the suspected spam may differ from the address that you are sending us the complaint from.

Emarsys investigates every single spam complaint thoroughly. If we can trace the affected email address we immediately remove it from the client’s mailing list.

Another option for reporting spam by an Emarsys client is to use the mark/report as spam functionality offered by leading webmail providers, such as Yahoo, Microsoft Outlook (Hotmail), etc. You can also use an anti-spam blacklist provider, such as Spamcop (www.spamcop.net), which provide an easy way to report unsolicited emails.

Anti-Spam-Organisations

Emarsys supports the activities of the following anti-spam organizations: