79825 2013-05-15T12:14:39-04:00 146525 false Email Marketing Compliance Requirements 3 2015-08-21T03:55:19-04:00 1 1 2013-05-16T12:44:10-04:00 0 15 The primary purpose of an email is transactional or relationship if it consists only of content that: facilitates or confirms a commercial transaction that the recipient already has agreed to; gives warranty, recall, safety, or security information about a product or service;  gives information about a change in terms or features or account balance information regarding a  membership, subscription, account, loan or other ongoing commercial relationship; provides information about an employment relationship or employee benefits; or  delivers goods or services as part of a transaction that the recipient already has agreed to. Haven't found what you're looking for? Contact Support   <div><div>The primary purpose of an email is transactional or relationship if it consists only of content that:<br><br><ul><li>facilitates or confirms a commercial transaction that the recipient already has agreed to;<br> </li></ul> <ul><li>gives warranty, recall, safety, or security information about a product or service;<span> </span><br> </li></ul> <ul><li>gives information about a change in terms or features or account balance information regarding a  membership, subscription, account, loan or other ongoing commercial relationship;</li></ul> <ul><li>provides information about an employment relationship or employee benefits; or<span> </span><br> </li></ul> <ul><li>delivers goods or services as part of a transaction that the recipient already has agreed to.</li></ul> </div></div> <span><br><br></span><p><span style="font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 13px;">Haven't found what you're looking for? </span><a href="mailto:compliance@clickbooth.com" target="" style="font-size: 13px; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Contact Support</a></p> <p> </p> 146525 336 86692 2014-10-07T13:56:54-04:00 1 2 0 15 How do I know if what I’m sending is a transactional or relationship message? 2015-08-21T03:55:20-04:00 3865486 1 2013-05-16T12:48:33-04:00 0 9 If an email advertises or promotes the goods, services, or websites of more than one marketer, there’s a straightforward method for determining who’s responsible for the duties the CAN-SPAM Act imposes on “senders” of commercial email. Marketers whose goods, services, or websites are advertised or promoted in a message can designate one of the marketers as the “sender” for purposes of CAN-SPAM compliance as long as the designated sender: meets the CAN-SPAM Act’s definition of “sender,” meaning that they initiate a commercial message • advertising or promoting their own goods, services, or website; is specifically identified in the “from” line of the message; and complies with the “initiator” provisions of the Act – for example, making sure the email does • not contain deceptive transmission information or a deceptive subject heading, and ensuring that the email includes a valid postal address, a working opt-out link, and proper identification of the message’s commercial or sexually explicit nature. If the designated sender doesn’t comply with the responsibilities the law gives to initiators, all marketers in the message may be held liable as senders. Haven't found what you're looking for? Contact Support   <div> <div><div>If an email advertises or promotes the goods, services, or websites of more than one marketer, there’s a straightforward method for determining who’s responsible for the duties the CAN-SPAM Act imposes on “senders” of commercial email. Marketers whose goods, services, or websites are advertised or promoted in a message can designate one of the marketers as the “sender” for purposes of CAN-SPAM compliance as long as the designated sender:<br><ul><li>meets the CAN-SPAM Act’s definition of “sender,” meaning that they initiate a commercial message • advertising or promoting their own goods, services, or website;</li></ul> <ul><li>is specifically identified in the “from” line of the message; and<br> </li></ul> <ul><li>complies with the “initiator” provisions of the Act – for example, making sure the email does • not contain deceptive transmission information or a deceptive subject heading, and ensuring that the email includes a valid postal address, a working opt-out link, and proper identification of the message’s commercial or sexually explicit nature.</li></ul> <p>If the designated sender doesn’t comply with the responsibilities the law gives to initiators, all marketers in the message may be held liable as senders.</p> </div></div> <span><br><br></span><p><span style="font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 13px;">Haven't found what you're looking for? </span><a href="mailto:compliance@clickbooth.com" target="" style="font-size: 13px; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Contact Support</a></p> </div> <p> </p> 146525 279 86694 2014-10-07T13:58:02-04:00 2 2 0 9 What if the email includes information from more than one company? Who is the “sender” responsible for CAN-SPAM compliance? 2015-08-21T03:55:20-04:00 3865486 1 2013-05-16T13:06:39-04:00 1 11 Each separate email in violation of the law is subject to penalties of up to $16,000, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that originated the message may be legally responsible. Email that makes misleading claims about products or services also may be subject to laws outlawing deceptive advertising, like Section 5 of the FTC Act. The CAN-SPAM Act has certain aggravated violations that may give rise to additional fines. The law provides for criminal penalties – including imprisonment – for: accessing someone else’s computer to send spam without permission,  using false information to register for multiple email accounts or domain names,  relaying or retransmitting multiple spam messages through a computer to mislead others about the • origin of the message, harvesting email addresses or generating them through a dictionary attack (the practice of sending • email to addresses made up of random letters and numbers in the hope of reaching valid ones), and taking advantage of open relays or open proxies without permission. Haven't found what you're looking for? Contact Support <p>Each separate email in violation of the law is subject to penalties of up to $16,000, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that originated the message may be legally responsible. Email that makes misleading claims about products or services also may be subject to laws outlawing deceptive advertising, like Section 5 of the FTC Act. The CAN-SPAM Act has certain aggravated violations that may give rise to additional fines. The law provides for criminal penalties – including imprisonment – for:<br></p> <div><div> <ul><li>accessing someone else’s computer to send spam without permission,<span> </span><br> </li></ul> <ul><li>using false information to register for multiple email accounts or domain names,<span> </span><br> </li></ul> <ul><li>relaying or retransmitting multiple spam messages through a computer to mislead others about the • origin of the message,</li></ul> <ul><li>harvesting email addresses or generating them through a dictionary attack (the practice of sending • email to addresses made up of random letters and numbers in the hope of reaching valid ones), and</li></ul> <ul><li>taking advantage of open relays or open proxies without permission.</li></ul> <p><br></p> <p><br></p> </div></div> <p><span style="font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 13px;">Haven't found what you're looking for? </span><a href="mailto:compliance@clickbooth.com" target="" style="font-size: 13px; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Contact Support</a></p> 146525 349 86699 2014-10-07T13:59:02-04:00 3 2 1 11 What are the penalties for violating the CAN-SPAM Act? 2015-08-21T03:55:20-04:00 3865486 1 2013-05-16T13:07:00-04:00 0 16 1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message. 2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message. 3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement. 4. Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations. 5. Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests. 6. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt‑out requests for at least 30 days after you send your message. You must honor a recipient’s opt‑out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN‑SPAM Act. 7. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible. Haven't found what you're looking for? Contact Support   <div><div> <p><b>1. Don’t use false or misleading header information.</b><span> </span>Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.</p> <p><br><b>2. Don’t use deceptive subject lines.</b><span> </span>The subject line must accurately reflect the content of the message.</p> <p><b><br></b></p> <p><b>3. Identify the message as an ad.</b><span> </span>The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.</p> <p><b><br></b></p> <p><b>4. Tell recipients where you’re located.</b><span> </span>Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.</p> <p><b><br></b></p> <p><b>5. Tell recipients how to opt out of receiving future email from you.</b><span> </span>Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.</p> <p><b><br></b></p> <p><b>6. Honor opt-out requests promptly.</b><span> </span>Any opt-out mechanism you offer must be able to process opt‑out requests for at least 30 days after you send your message. You must honor a recipient’s opt‑out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN‑SPAM Act.</p> <p><b><br></b></p> <p><b>7. Monitor what others are doing on your behalf.</b><span> </span>The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.</p> </div></div> <span><br><br></span><p><span style="font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 13px;">Haven't found what you're looking for? </span><a href="mailto:compliance@clickbooth.com" target="" style="font-size: 13px; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Contact Support</a></p> <p> </p> 146525 357 86701 2014-09-05T13:51:07-04:00 4 2 0 16 CAN-SPAM’s main requirements 2015-08-21T03:55:20-04:00 3865486 1 2013-05-16T13:07:23-04:00 0 8 It’s common for email sent by businesses to mix commercial content and transactional or relationship content. When an email contains both kinds of content, the primary purpose of the message is the deciding factor. Here’s how to make that determination: If a recipient reasonably interpreting the subject line would likely conclude that the message contains an advertisement or promotion for a commercial product or service or if the message’s transactional or relationship content does not appear mainly at the beginning of the message, the primary purpose of the message is commercial. So, when a message contains both kinds of content – commercial and transactional or relationship – if the subject line would lead the recipient to think it’s a commercial message, it’s a commercial message for CAN-SPAM purposes. Similarly, if the bulk of the transactional or relationship part of the message doesn’t appear at the beginning, it’s a commercial message under the CAN-SPAM Act. MESSAGE A: TO: Jane Smith FR: XYZ Distributing RE: Your Account Statement We shipped your order of 25,000 deluxe widgets to your Springfield warehouse on June 1st. We hope you received them in good working order. Please call our Customer Service Office at (877) 555-7726 if any widgets were damaged in transit. Per our contract, we must receive your payment of $1,000 by June 30th. If not, we will impose a 10% surcharge for late payment. If you have any questions, please contact our Accounts Receivable Department. Visit our website for our exciting new line of mini-widgets! MESSAGE A is most likely a transactional or relationship message subject only to CAN-SPAM’s requirement of truthful routing information. One important factor is that information about the customer’s account is at the beginning of the message and the brief commercial portion of the message is at the end. MESSAGE B: TO: Jane Smith FR: XYZ Distributing RE: Your Account Statement We offer a wide variety of widgets in the most popular designer colors and styles – all at low, low discount prices. Visit our website for our exciting new line of mini-widgets! Sizzling Summer Special: Order by June 30th and all waterproof commercial-grade super-widgets are 20% off. Show us a bid from one of our competitors and we’ll match it. XYZ Distributing will not be undersold. Your order has been filled and will be delivered on Friday, June 1st. MESSAGE B is most likely a commercial message subject to all CAN-SPAM’s requirements. Although the subject line is “Your Account Statement” – generally a sign of a transactional or relationship message – the information at the beginning of the message is commercial in nature and the brief transactional or relationship portion of the message is at the end.  Haven't found what you're looking for? Contact Support   <div><div>It’s common for email sent by businesses to mix commercial content and transactional or relationship content. When an email contains both kinds of content, the primary purpose of the message is the deciding factor. Here’s how to make that determination: If a recipient reasonably interpreting the subject line would likely conclude that the message contains an advertisement or promotion for a commercial product or service or if the message’s transactional or relationship content does not appear mainly at the beginning of the message, the primary purpose of the message is commercial. So, when a message contains both kinds of content – commercial and transactional or relationship – if the subject line would lead the recipient to think it’s a commercial message, it’s a commercial message for CAN-SPAM purposes. Similarly, if the bulk of the transactional or relationship part of the message doesn’t appear at the beginning, it’s a commercial message under the CAN-SPAM Act.<br><br>MESSAGE A:<br>TO: Jane Smith<br>FR: XYZ Distributing<br>RE: Your Account Statement<br>We shipped your order of 25,000 deluxe widgets to your Springfield warehouse on June 1st. We hope you received them in good working order. Please call our Customer Service Office at (877) 555-7726 if any widgets were damaged in transit. Per our contract, we must receive your payment of $1,000 by June 30th. If not, we will impose a 10% surcharge for late payment. If you have any questions, please contact our Accounts Receivable Department.<br>Visit our website for our exciting new line of mini-widgets!<br>MESSAGE A is most likely a transactional or relationship message subject only to CAN-SPAM’s requirement of truthful routing information. One important factor is that information about the customer’s account is at the beginning of the message and the brief commercial portion of the message is at the end.<br><br>MESSAGE B:<br>TO: Jane Smith<br>FR: XYZ Distributing<br>RE: Your Account Statement<br>We offer a wide variety of widgets in the most popular designer colors and styles – all at low, low discount prices. Visit our website for our exciting new line of mini-widgets!<br>Sizzling Summer Special: Order by June 30th and all waterproof commercial-grade super-widgets are 20% off. Show us a bid from one of our competitors and we’ll match it. XYZ Distributing will not be undersold.<br>Your order has been filled and will be delivered on Friday, June 1st.<br>MESSAGE B is most likely a commercial message subject to all CAN-SPAM’s requirements. Although the subject line is “Your Account Statement” – generally a sign of a transactional or relationship message – the information at the beginning of the message is commercial in nature and the brief transactional or relationship portion of the message is at the end.<span> </span><br> </div></div> <span><br><br></span><p><span style="font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 13px;">Haven't found what you're looking for? </span><a href="mailto:compliance@clickbooth.com" target="" style="font-size: 13px; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Contact Support</a></p> <p> </p> 146525 270 86702 2014-09-05T13:51:14-04:00 5 2 0 8 What if the message combines commercial content and transactional or relationship content? 2015-08-21T03:55:20-04:00 3865486 1 2013-05-16T13:07:56-04:00 1 3 Yes, and the FTC has issued a rule under the CAN-SPAM Act that governs these messages. Messages with sexually oriented material must include the warning “SEXUALLY-EXPLICIT:” at the beginning of the subject line. In addition, the rule requires the electronic equivalent of a “brown paper wrapper” in the body of the message. When a recipient opens the message, the only things that may be viewable on the recipient’s screen are: the words “SEXUALLY-EXPLICIT:”; and • the same information required in any other commercial email: a disclosure that the message is an ad, • the sender’s physical postal address, and the procedure for how recipients can opt out of receiving messages from this sender in the future. No graphics are allowed on the “brown paper wrapper.” This provision makes sure that recipients cannot view sexually explicit content without an affirmative act on their part – for example, scrolling down or clicking on a link. However, this requirement does not apply if the person receiving the message has already given affirmative consent to receive the sender’s sexually oriented messages. Haven't found what you're looking for? Contact Support <div><div>Yes, and the FTC has issued a rule under the CAN-SPAM Act that governs these messages. Messages with sexually oriented material must include the warning “SEXUALLY-EXPLICIT:” at the beginning of the subject line. In addition, the rule requires the electronic equivalent of a “brown paper wrapper” in the body of the message. When a recipient opens the message, the only things that may be viewable on the recipient’s screen are:<br><ul><li>the words “SEXUALLY-EXPLICIT:”; and •</li></ul> <ul><li>the same information required in any other commercial email: a disclosure that the message is an ad, • the sender’s physical postal address, and the procedure for how recipients can opt out of receiving messages from this sender in the future.</li></ul> <p>No graphics are allowed on the “brown paper wrapper.” This provision makes sure that recipients cannot view sexually explicit content without an affirmative act on their part – for example, scrolling down or clicking on a link. However, this requirement does not apply if the person receiving the message has already given affirmative consent to receive the sender’s sexually oriented messages.</p> </div></div> <span><br><br></span><p><span style="font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 13px;">Haven't found what you're looking for? </span><a href="mailto:compliance@clickbooth.com" target="" style="font-size: 13px; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Contact Support</a></p> <p></p> 146525 216 86704 2014-09-05T13:51:21-04:00 6 2 1 3 Are there separate rules that apply to sexually explicit email? 2015-08-21T03:55:20-04:00 3865486 1 2013-05-16T13:08:12-04:00 0 2 What matters is the “primary purpose” of the message. To determine the primary purpose, remember that an email can contain three different types of information: Commercial content – which advertises or promotes a commercial product or service, including • content on a website operated for a commercial purpose; Transactional or relationship content – which facilitates an already agreed-upon transaction or • updates a customer about an ongoing transaction; and Other content – which is neither commercial nor transactional or relationship.  If the message contains only commercial content, its primary purpose is commercial and it must comply with the requirements of CAM-SPAM. If it contains only transactional or relationship content, its primary purpose is transactional or relationship. In that case, it may not contain false or misleading routing information, but is otherwise exempt from most provisions of the CAN-SPAM Act. Haven't found what you're looking for? Contact Support   <div><div> <p>What matters is the “primary purpose” of the message. To determine the primary purpose, remember that an email can contain three different types of information:</p> <ul><li>Commercial content – which advertises or promotes a commercial product or service, including • content on a website operated for a commercial purpose;</li></ul> <ul><li>Transactional or relationship content – which facilitates an already agreed-upon transaction or • updates a customer about an ongoing transaction; and</li></ul> <ul><li>Other content – which is neither commercial nor transactional or relationship.<span> </span><br> </li></ul> <p>If the message contains only commercial content, its primary purpose is commercial and it must comply with the requirements of CAM-SPAM. If it contains only transactional or relationship content, its primary purpose is transactional or relationship. In that case, it may not contain false or misleading routing information, but is otherwise exempt from most provisions of the CAN-SPAM Act.</p> </div></div> <span><br><br></span><p><span style="font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 13px;">Haven't found what you're looking for? </span><a href="mailto:compliance@clickbooth.com" target="" style="font-size: 13px; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Contact Support</a></p> <p> </p> 146525 169 86705 2014-09-05T13:51:27-04:00 7 2 0 2 How do I know if the CAN-SPAM Act covers email my business is sending? 2015-08-21T03:55:20-04:00 3865486 1 2013-05-16T13:08:27-04:00 0 2 In that case, the primary purpose of the message is commercial and the provisions of the CAN-SPAM Act apply if: A recipient reasonably interpreting the subject line would likely conclude that the message advertises • or promotes a commercial product or service; and A recipient reasonably interpreting the body of the message would likely conclude that the primary • purpose of the message is to advertise or promote a product or service. Factors relevant to that interpretation include the location of the commercial content (for example, is it at the beginning of the message?); how much of the message is dedicated to commercial content; and how color, graphics, type size, style, etc., are used to highlight the commercial content. Haven't found what you're looking for? Contact Support   <div><div>In that case, the primary purpose of the message is commercial and the provisions of the CAN-SPAM Act apply if:<br><ul><li>A recipient reasonably interpreting the subject line would likely conclude that the message advertises • or promotes a commercial product or service; and</li></ul> <ul><li>A recipient reasonably interpreting the body of the message would likely conclude that the primary • purpose of the message is to advertise or promote a product or service.</li></ul> <p>Factors relevant to that interpretation include the location of the commercial content (for example, is it at the beginning of the message?); how much of the message is dedicated to commercial content; and how color, graphics, type size, style, etc., are used to highlight the commercial content.</p> </div></div> <span><br><br></span><p><span style="font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 13px;">Haven't found what you're looking for? </span><a href="mailto:compliance@clickbooth.com" target="" style="font-size: 13px; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Contact Support</a></p> <p> </p> 146525 127 86706 2014-09-05T13:51:33-04:00 8 2 0 2 What if the message combines elements of both a commercial message and a message with content defined as “other”? 2015-08-21T03:55:20-04:00 3865486 1 2013-05-16T13:08:43-04:00 0 3 Whether a seller or forwarder is a “sender” or “initiator” depends on the facts. So deciding if the CAN-SPAM Act applies to a commercial “forward-to-a-friend” message often depends on whether the seller has offered to pay the forwarder or give the forwarder some other benefit. For example, if the seller offers money, coupons, discounts, awards, additional entries in a sweepstakes, or the like in exchange for forwarding a message, the seller may be responsible for compliance. Or if a seller pays or give a benefit to someone in exchange for generating traffic to a website or for any form of referral, the seller is likely to have compliance obligations under the CAN-SPAM Act. Haven't found what you're looking for? Contact Support <div><div>Whether a seller or forwarder is a “sender” or “initiator” depends on the facts. So deciding if the CAN-SPAM Act applies to a commercial “forward-to-a-friend” message often depends on whether the seller has offered to pay the forwarder or give the forwarder some other benefit. For example, if the seller offers money, coupons, discounts, awards, additional entries in a sweepstakes, or the like in exchange for forwarding a message, the seller may be responsible for compliance. Or if a seller pays or give a benefit to someone in exchange for generating traffic to a website or for any form of referral, the seller is likely to have compliance obligations under the CAN-SPAM Act.<br> </div></div> <span><br><br></span><p><span style="font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 13px;">Haven't found what you're looking for? </span><a href="mailto:compliance@clickbooth.com" target="" style="font-size: 13px; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Contact Support</a></p> 146525 155 86707 2014-09-05T13:51:39-04:00 9 2 0 3 My company sends email with a link so that recipients can forward the message to others. Who is responsible for CAN-SPAM compliance for these “Forward to a Friend” messages? 2015-08-21T03:55:20-04:00 3865486 1 2013-05-16T13:09:11-04:00 0 3 CAN-SPAM Act: A Compliance Guide for Business (from the FTC:  http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business) Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law. Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements: Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement. Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations. Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible. Need more information? Here are the answers to some questions businesses have had about complying with the CAN-SPAM Act. Q. How do I know if the CAN-SPAM Act covers email my business is sending? A. What matters is the “primary purpose” of the message. To determine the primary purpose, remember that an email can contain three different types of information: Commercial content – which advertises or promotes a commercial product or service, including content on a website operated for a commercial purpose; Transactional or relationship content – which facilitates an already agreed-upon transaction or updates a customer about an ongoing transaction; and Other content – which is neither commercial nor transactional or relationship. If the message contains only commercial content, its primary purpose is commercial and it must comply with the requirements of CAM-SPAM. If it contains only transactional or relationship content, its primary purpose is transactional or relationship. In that case, it may not contain false or misleading routing information, but is otherwise exempt from most provisions of the CAN-SPAM Act. Q. How do I know if what I’m sending is a transactional or relationship message? A. The primary purpose of an email is transactional or relationship if it consists only of content that: facilitates or confirms a commercial transaction that the recipient already has agreed to; gives warranty, recall, safety, or security information about a product or service; gives information about a change in terms or features or account balance information regarding a membership, subscription, account, loan or other ongoing commercial relationship; provides information about an employment relationship or employee benefits; or delivers goods or services as part of a transaction that the recipient already has agreed to. Q. What if the message combines commercial content and transactional or relationship content? A. It’s common for email sent by businesses to mix commercial content and transactional or relationship content. When an email contains both kinds of content, the primary purpose of the message is the deciding factor. Here’s how to make that determination: If a recipient reasonably interpreting the subject line would likely conclude that the message contains an advertisement or promotion for a commercial product or service or if the message’s transactional or relationship content does not appear mainly at the beginning of the message, the primary purpose of the message is commercial. So, when a message contains both kinds of content – commercial and transactional or relationship – if the subject line would lead the recipient to think it’s a commercial message, it’s a commercial message for CAN-SPAM purposes. Similarly, if the bulk of the transactional or relationship part of the message doesn’t appear at the beginning, it’s a commercial message under the CAN-SPAM Act. Here's an example: MESSAGE A: TO: Jane Smith FR: XYZ Distributing RE: Your Account Statement We shipped your order of 25,000 deluxe widgets to your Springfield warehouse on June 1st. We hope you received them in good working order. Please call our Customer Service Office at (877) 555-7726 if any widgets were damaged in transit. Per our contract, we must receive your payment of $1,000 by June 30th. If not, we will impose a 10% surcharge for late payment. If you have any questions, please contact our Accounts Receivable Department. Visit our website for our exciting new line of mini-widgets! MESSAGE A is most likely a transactional or relationship message subject only to CAN-SPAM’s requirement of truthful routing information. One important factor is that information about the customer’s account is at the beginning of the message and the brief commercial portion of the message is at the end. MESSAGE B: TO: Jane Smith FR: XYZ Distributing RE: Your Account Statement We offer a wide variety of widgets in the most popular designer colors and styles – all at low, low discount prices. Visit our website for our exciting new line of mini-widgets! Sizzling Summer Special: Order by June 30th and all waterproof commercial-grade super-widgets are 20% off. Show us a bid from one of our competitors and we’ll match it. XYZ Distributing will not be undersold. Your order has been filled and will be delivered on Friday, June 1st. MESSAGE MESSAGE B is most likely a commercial message subject to all CAN-SPAM's requirements. Although the subject line is “Your Account Statement” – generally a sign of a transactional or relationship message – the information at the beginning of the message is commercial in nature and the brief transactional or relationship portion of the message is at the end. Q. What if the message combines elements of both a commercial message and a message with content defined as "other"? A. In that case, the primary purpose of the message is commercial and the provisions of the CAN-SPAM Act apply if: A recipient reasonably interpreting the subject line would likely conclude that the message advertises or promotes a commercial product or service; and A recipient reasonably interpreting the body of the message would likely conclude that the primary purpose of the message is to advertise or promote a product or service. Factors relevant to that interpretation include the location of the commercial content (for example, is it at the beginning of the message?); how much of the message is dedicated to commercial content; and how color, graphics, type size, style, etc., are used to highlight the commercial content. Q. What if the email includes information from more than one company? Who is the “sender” responsible for CAN-SPAM compliance? A. If an email advertises or promotes the goods, services, or websites of more than one marketer, there’s a straightforward method for determining who’s responsible for the duties the CAN-SPAM Act imposes on “senders” of commercial email. Marketers whose goods, services, or websites are advertised or promoted in a message can designate one of the marketers as the “sender” for purposes of CAN-SPAM compliance as long as the designated sender: meets the CAN-SPAM Act’s definition of “sender,” meaning that they initiate a commercial message advertising or promoting their own goods, services, or website; is specifically identified in the “from” line of the message; and complies with the “initiator” provisions of the Act – for example, making sure the email does not contain deceptive transmission information or a deceptive subject heading, and ensuring that the email includes a valid postal address, a working opt-out link, and proper identification of the message’s commercial or sexually explicit nature. If the designated sender doesn’t comply with the responsibilities the law gives to initiators, all marketers in the message may be held liable as senders. Q. My company sends email with a link so that recipients can forward the message to others. Who is responsible for CAN-SPAM compliance for these “Forward to a Friend” messages? A. Whether a seller or forwarder is a “sender” or “initiator” depends on the facts. So deciding if the CAN-SPAM Act applies to a commercial “forward-to-a-friend” message often depends on whether the seller has offered to pay the forwarder or give the forwarder some other benefit. For example, if the seller offers money, coupons, discounts, awards, additional entries in a sweepstakes, or the like in exchange for forwarding a message, the seller may be responsible for compliance. Or if a seller pays or give a benefit to someone in exchange for generating traffic to a website or for any form of referral, the seller is likely to have compliance obligations under the CAN-SPAM Act. Q. What are the penalties for violating the CAN-SPAM Act? A. Each separate email in violation of the law is subject to penalties of up to $16,000, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that originated the message may be legally responsible. Email that makes misleading claims about products or services also may be subject to laws outlawing deceptive advertising, like Section 5 of the FTC Act. The CAN-SPAM Act has certain aggravated violations that may give rise to additional fines. The law provides for criminal penalties – including imprisonment – for: accessing someone else’s computer to send spam without permission, using false information to register for multiple email accounts or domain names, relaying or retransmitting multiple spam messages through a computer to mislead others about the origin of the message, harvesting email addresses or generating them through a dictionary attack (the practice of sending email to addresses made up of random letters and numbers in the hope of reaching valid ones), and taking advantage of open relays or open proxies without permission. Q. Are there separate rules that apply to sexually explicit email? A. Yes, and the FTC has issued a rule under the CAN-SPAM Act that governs these messages. Messages with sexually oriented material must include the warning “SEXUALLY-EXPLICIT:” at the beginning of the subject line. In addition, the rule requires the electronic equivalent of a “brown paper wrapper” in the body of the message. When a recipient opens the message, the only things that may be viewable on the recipient’s screen are: the words “SEXUALLY-EXPLICIT:”; and the same information required in any other commercial email: a disclosure that the message is an ad, the sender’s physical postal address, and the procedure for how recipients can opt out of receiving messages from this sender in the future. No graphics are allowed on the “brown paper wrapper.” This provision makes sure that recipients cannot view sexually explicit content without an affirmative act on their part – for example, scrolling down or clicking on a link. However, this requirement does not apply if the person receiving the message has already given affirmative consent to receive the sender’s sexually oriented messages. Haven't found what you're looking for? Contact Support   <div><div> <p><span>CAN-SPAM Act: A Compliance Guide for Business (from the FTC: <span> </span></span><a href="http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business" style="margin: 0px; padding: 0px; overflow: hidden; text-decoration: none; text-indent: 0px; color: rgb(0, 70, 245); outline-color: rgb(0, 0, 0);">http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business</a><span>)</span></p> <p><span><br></span></p> <p>Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.</p> <p>Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.</p> <p>Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:</p> <ol> <li> <b>Don’t use false or misleading header information.</b> Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.</li> <li> <b>Don’t use deceptive subject lines.</b> The subject line must accurately reflect the content of the message.</li> <li> <b>Identify the message as an ad.</b> The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.</li> <li> <b>Tell recipients where you’re located.</b> Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.</li> <li> <b>Tell recipients how to opt out of receiving future email from you.</b> Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.</li> <li> <b>Honor opt-out requests promptly.</b> Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.</li> <li> <b>Monitor what others are doing on your behalf.</b> The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.</li> </ol> <br><span>Need more information?</span><div> <br><p>Here are the answers to some questions businesses have had about complying with the CAN-SPAM Act.</p> <p><b>Q. How do I know if the CAN-SPAM Act covers email my business is sending?</b></p> <p><i>A. What matters is the “primary purpose” of the message. To determine the primary purpose, remember that an email can contain three different types of information:</i></p> <ul> <li><i>Commercial content – which advertises or promotes a commercial product or service, including content on a website operated for a commercial purpose;</i></li> <li><i>Transactional or relationship content – which facilitates an already agreed-upon transaction or updates a customer about an ongoing transaction; and</i></li> <li><i>Other content – which is neither commercial nor transactional or relationship.</i></li> </ul> <p><i>If the message contains only commercial content, its primary purpose is commercial and it must comply with the requirements of CAM-SPAM. If it contains only transactional or relationship content, its primary purpose is transactional or relationship. In that case, it may not contain false or misleading routing information, but is otherwise exempt from most provisions of the CAN-SPAM Act.</i></p> <p><i><br></i></p> <p><b>Q. How do I know if what I’m sending is a transactional or relationship message?</b></p> <p><i>A. The primary purpose of an email is transactional or relationship if it consists only of content that:</i></p> <ol> <li><i>facilitates or confirms a commercial transaction that the recipient already has agreed to;</i></li> <li><i>gives warranty, recall, safety, or security information about a product or service;</i></li> <li><i>gives information about a change in terms or features or account balance information regarding a membership, subscription, account, loan or other ongoing commercial relationship;</i></li> <li><i>provides information about an employment relationship or employee benefits; or</i></li> <li><i>delivers goods or services as part of a transaction that the recipient already has agreed to.</i></li> </ol> <i><br></i><p><b>Q. What if the message combines commercial content and transactional or relationship content?</b></p> <p><i>A. It’s common for email sent by businesses to mix commercial content and transactional or relationship content. When an email contains both kinds of content, the primary purpose of the message is the deciding factor. Here’s how to make that determination: If a recipient reasonably interpreting the subject line would likely conclude that the message contains an advertisement or promotion for a commercial product or service or if the message’s transactional or relationship content does not appear mainly at the beginning of the message, the primary purpose of the message is commercial. So, when a message contains both kinds of content – commercial and transactional or relationship – if the subject line would lead the recipient to think it’s a commercial message, it’s a commercial message for CAN-SPAM purposes. Similarly, if the bulk of the transactional or relationship part of the message doesn’t appear at the beginning, it’s a commercial message under the CAN-SPAM Act.</i></p> <p><i>Here's an example:</i></p> <p><b><i>MESSAGE A:</i></b></p> <p><b><i>TO: </i></b><i>Jane Smith</i></p> <p><b><i>FR: </i></b><i>XYZ Distributing</i></p> <p><b><i>RE: </i></b><i>Your Account Statement</i></p> <p><i>We shipped your order of 25,000 deluxe widgets to your Springfield warehouse on June 1st. We hope you received them in good working order. Please call our Customer Service Office at (877) 555-7726 if any widgets were damaged in transit. Per our contract, we must receive your payment of $1,000 by June 30th. If not, we will impose a 10% surcharge for late payment. If you have any questions, please contact our Accounts Receivable Department.</i></p> <p><i>Visit our website for our exciting new line of mini-widgets!</i></p> <p><b><i>MESSAGE A</i></b><i> is most likely a <b>transactional or relationship message</b> subject only to CAN-SPAM’s requirement of truthful routing information. One important factor is that information about the customer’s account is at the beginning of the message and the brief commercial portion of the message is at the end.</i></p> <p><b><i>MESSAGE B:</i></b></p> <p><b><i>TO: </i></b><i>Jane Smith</i></p> <p><b><i>FR: </i></b><i>XYZ Distributing</i></p> <p><b><i>RE: </i></b><i>Your Account Statement</i></p> <p><i>We offer a wide variety of widgets in the most popular designer colors and styles – all at low, low discount prices. Visit our website for our exciting new line of mini-widgets!</i></p> <p><i>Sizzling Summer Special: Order by June 30th and all waterproof commercial-grade super-widgets are 20% off. Show us a bid from one of our competitors and we’ll match it. XYZ Distributing will not be undersold.</i></p> <p><i>Your order has been filled and will be delivered on Friday, June 1st.</i></p> <p><i>MESSAGE <b>MESSAGE B</b> is most likely a <b>commercial messag</b>e subject to all CAN-SPAM's requirements. Although the subject line is “Your Account Statement” – generally a sign of a transactional or relationship message – the information at the beginning of the message is commercial in nature and the brief transactional or relationship portion of the message is at the end.</i></p> <p><i><br></i></p> <p><b>Q. What if the message combines elements of both a commercial message and a message with content defined as "other"?</b></p> <p><i>A. In that case, the primary purpose of the message is commercial and the provisions of the CAN-SPAM Act apply if:</i></p> <ul> <li><i>A recipient reasonably interpreting the subject line would likely conclude that the message advertises or promotes a commercial product or service; and</i></li> <li><i>A recipient reasonably interpreting the body of the message would likely conclude that the primary purpose of the message is to advertise or promote a product or service.</i></li> </ul> <p><i>Factors relevant to that interpretation include the location of the commercial content (for example, is it at the beginning of the message?); how much of the message is dedicated to commercial content; and how color, graphics, type size, style, etc., are used to highlight the commercial content.</i></p> <p><i><br></i></p> <p><b>Q. What if the email includes information from more than one company? Who is the “sender” responsible for CAN-SPAM compliance?</b></p> <p><i>A. If an email advertises or promotes the goods, services, or websites of more than one marketer, there’s a straightforward method for determining who’s responsible for the duties the CAN-SPAM Act imposes on “senders” of commercial email. Marketers whose goods, services, or websites are advertised or promoted in a message can designate one of the marketers as the “sender” for purposes of CAN-SPAM compliance as long as the designated sender:</i></p> <ul> <li><i>meets the CAN-SPAM Act’s definition of “sender,” meaning that they initiate a commercial message advertising or promoting their own goods, services, or website;</i></li> <li><i>is specifically identified in the “from” line of the message; and</i></li> <li><i>complies with the “initiator” provisions of the Act – for example, making sure the email does not contain deceptive transmission information or a deceptive subject heading, and ensuring that the email includes a valid postal address, a working opt-out link, and proper identification of the message’s commercial or sexually explicit nature.</i></li> </ul> <p><i>If the designated sender doesn’t comply with the responsibilities the law gives to initiators, all marketers in the message may be held liable as senders.</i></p> <p><i><br></i></p> <p><b>Q. My company sends email with a link so that recipients can forward the message to others. Who is responsible for CAN-SPAM compliance for these “Forward to a Friend” messages?</b></p> <p><i>A. Whether a seller or forwarder is a “sender” or “initiator” depends on the facts. So deciding if the CAN-SPAM Act applies to a commercial “forward-to-a-friend” message often depends on whether the seller has offered to pay the forwarder or give the forwarder some other benefit. For example, if the seller offers money, coupons, discounts, awards, additional entries in a sweepstakes, or the like in exchange for forwarding a message, the seller may be responsible for compliance. Or if a seller pays or give a benefit to someone in exchange for generating traffic to a website or for any form of referral, the seller is likely to have compliance obligations under the CAN-SPAM Act.</i></p> <p><i><br></i></p> <p><b>Q. What are the penalties for violating the CAN-SPAM Act?</b></p> <p><i>A. Each separate email in violation of the law is subject to penalties of up to $16,000, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that originated the message may be legally responsible. Email that makes misleading claims about products or services also may be subject to laws outlawing deceptive advertising, like Section 5 of the FTC Act. The CAN-SPAM Act has certain aggravated violations that may give rise to additional fines. The law provides for criminal penalties – including imprisonment – for:</i></p> <ul> <li><i>accessing someone else’s computer to send spam without permission,</i></li> <li><i>using false information to register for multiple email accounts or domain names,</i></li> <li><i>relaying or retransmitting multiple spam messages through a computer to mislead others about the origin of the message,</i></li> <li><i>harvesting email addresses or generating them through a dictionary attack (the practice of sending email to addresses made up of random letters and numbers in the hope of reaching valid ones), and</i></li> <li><i>taking advantage of open relays or open proxies without permission.</i></li> </ul> <i><br></i><p><b>Q. Are there separate rules that apply to sexually explicit email?</b></p> <p><i>A. Yes, and the FTC has issued a rule under the CAN-SPAM Act that governs these messages. Messages with sexually oriented material must include the warning “SEXUALLY-EXPLICIT:” at the beginning of the subject line. In addition, the rule requires the electronic equivalent of a “brown paper wrapper” in the body of the message. When a recipient opens the message, the only things that may be viewable on the recipient’s screen are:</i></p> <ol> <li><i>the words “SEXUALLY-EXPLICIT:”; and</i></li> <li><i>the same information required in any other commercial email: a disclosure that the message is an ad, the sender’s physical postal address, and the procedure for how recipients can opt out of receiving messages from this sender in the future.</i></li> </ol> <p><i>No graphics are allowed on the “brown paper wrapper.” This provision makes sure that recipients cannot view sexually explicit content without an affirmative act on their part – for example, scrolling down or clicking on a link. However, this requirement does not apply if the person receiving the message has already given affirmative consent to receive the sender’s sexually oriented messages.</i></p> </div> </div></div> <span><br><br></span><p><span style="font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 13px;">Haven't found what you're looking for? </span><a href="mailto:compliance@clickbooth.com" target="" style="font-size: 13px; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Contact Support</a></p> <p> </p> 146525 198 86708 2014-09-05T13:51:51-04:00 10 2 0 3 CAN-SPAM Act: A Compliance Guide for Business 2015-08-21T03:55:20-04:00 3865486 1 2016-08-18T11:41:07-04:00 0 4 Where use of e-mail marketing is authorized by Clickbooth and/or the applicable Program Terms, the Clickbooth Affiliate Terms & Conditions, as well as the following Email Marketing- Affiliate Code of Conduct shall apply. Affiliate shall comply with all applicable international, federal and state anti-SPAM legislation, including, but not limited to, California Business & Professions Code § 17529 et seq., the CAN-SPAM Act of 2003 (as amended), Canadian Anti-Spam Legislation and any/all Federal Trade Commission implementing regulations.  Email may only be delivered to permission based email addresses which have been/shall be obtained/maintained in conformity with all applicable laws, rules and regulations. Affiliates must possess the consent of the recipient in order to send commercial email. “Consent” shall mean affirmative consent or consent granted through a posted privacy policy on the collection URL notifying the recipient of the use of his/her email address for commercial marketing and the recipient has not withdrawn permission to send commercial email marketing. Affiliate shall maintain records evidencing such consent for not less than three (3) years from the last date such consent was relied upon, including: (a) the recipient’s opt-in date/time; (b) the registration source; (c) the recipient’s first and last name; (d) the recipient’s mailing address (if collected); (e) the recipient’s e-mail address; (f) the posted privacy policy of the source website at the time recipient’s data was collected (if collected); (g) the recipient’s IP address; and (h) any other information collected.   Email addresses may not be obtained by the use of randomly generating email addresses, “harvesting” and/or “scraping” websites or online services.  Affiliate must download an offer's suppression list prior to every drop. Affiliate may only utilize creatives, From lines and Subject lines that are up-to-date, exactly as provided and approved by Clickbooth. Affiliate may not alter the foregoing in any manner except as to size to fit Affiliate’s medium.  Affiliate must not use a generic or misleading From line. “Subject” lines must not be false or misleading and should always match the content in the body of the email.    Affiliate must accurately register their mailing domains. All mailing domains utilized to send email advertisements must be openly and accurately registered to Affiliate. Mailing domains may not have proxy or privacy guards and must be able to be examined through WHOIS searches.    Affiliate may not include falsification of header information (including source, destination, date and time, and routing information), false registrations for domain accounts, email accounts, or IP addresses used in connection with email marketing, nor re-transmissions of an email advertisement for the purpose of concealing its origin.    No proxy server traffic is permitted. Affiliate (and/or their email delivery providers) are prohibited from relaying or re-transmitting emails from a computer or computer network that was accessed without authorization.  The “To” line must contain the recipient’s email address, “Undisclosed,” or be left blank.   Affiliate shall cause a valid physical postal address for Affiliate and/or the applicable Advertiser, as required by applicable law, to appear in each email creative, along with a functioning unsubscribe link (such unsubscribe link must remain active for at least thirty (30) days after email delivery). Affiliate must honor all unsubscribe requests within ten (10) days from receipt. Affiliate shall not sell or transfer an email address once a recipient has opted-out of receiving future communications.   Affiliate shall distribute email marketing campaign materials exactly as provided, and shall not alter them in any manner without prior written approval.   Affiliate must have active filters in place to prevent communications from being sent to any entity or person in Canada which include, at a minimum: (a) email filters (i.e. rejection of email addresses with “.ca” or other Canadian extensions); (b) zip code filters (rejection of Canadian zip codes); (c) area code filters (rejection of Canadian area codes); and (d) IP filters (rejection of Canadian IP addresses).    All email advertisements must clearly and conspicuously state: “This is an Advertisement.” Or, “Advertisement” or “AD.” There are no exceptions.  Emails shall be delivered to addresses on email lists owned or managed solely by Affiliate. Brokering third-party deals without first disclosing to Clickbooth is strictly prohibited and grounds for immediate termination, as well as other legal remedies.   Email marketing campaign materials, including email addresses supplied by Affiliate must not infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity.  <div dir="ltr"><div> <p>Where use of e-mail marketing is authorized by Clickbooth and/or the applicable Program Terms, the Clickbooth Affiliate Terms &amp; Conditions, as well as the following Email Marketing- Affiliate Code of Conduct shall apply.</p> <p><br></p> <ul> <li><span style="text-align: initial;">Affiliate shall comply with all applicable international, federal and state anti-SPAM legislation, including, but not limited to, California Business &amp; Professions Code § 17529 et seq., the CAN-SPAM Act of 2003 (as amended), Canadian Anti-Spam Legislation and any/all Federal Trade Commission implementing regulations. </span></li> <li> <span style="text-align: initial;">Email may only be delivered to permission based email addresses which have been/shall be obtained/maintained in conformity with all applicable laws, rules and regulations. Affiliates must possess the consent of the recipient in order to send commercial email. “Consent” shall mean affirmative consent or consent granted through a posted privacy policy on the collection URL notifying the recipient of the use of his/her email address for commercial marketing and the recipient has not withdrawn permission to send commercial email marketing. Affiliate shall maintain records evidencing such consent for not less than three (3) years from the last date such consent was relied upon, including: (a) the recipient’s opt-in date/time; (b) the registration source; (c) the recipient’s first and last name; (d) the recipient’s mailing address (if collected); (e) the recipient’s e-mail address; (f) the posted privacy policy of the source website at the time recipient’s data was collected (if collected); (g) the recipient’s IP address; and (h) any other information collected. </span><span style="text-align: initial;"> </span> </li> <li><span style="text-align: initial;">Email addresses may not be obtained by the use of randomly generating email addresses, “harvesting” and/or “scraping” websites or online services. </span></li> <li><span style="text-align: initial;">Affiliate must download an offer's suppression list prior to <strong>every </strong>drop.</span></li> <li><span style="text-align: initial;">Affiliate may only utilize creatives, From lines and Subject lines that are up-to-date, exactly as provided and approved by Clickbooth. Affiliate may not alter the foregoing in any manner except as to size to fit Affiliate’s medium. </span></li> <li><span style="text-align: initial;">Affiliate must not use a generic or misleading From line. “Subject” lines must not be false or misleading and should always match the content in the body of the email.   </span></li> <li><span style="text-align: initial;">Affiliate must accurately register their mailing domains. All mailing domains utilized to send email advertisements must be openly and accurately registered to Affiliate. Mailing domains may not have proxy or privacy guards and must be able to be examined through WHOIS searches.   </span></li> <li><span style="text-align: initial;">Affiliate may not include falsification of header information (including source, destination, date and time, and routing information), false registrations for domain accounts, email accounts, or IP addresses used in connection with email marketing, nor re-transmissions of an email advertisement for the purpose of concealing its origin.   </span></li> <li><span style="text-align: initial;">No proxy server traffic is permitted. Affiliate (and/or their email delivery providers) are prohibited from relaying or re-transmitting emails from a computer or computer network that was accessed without authorization. </span></li> <li><span style="text-align: initial;">The “To” line must contain the recipient’s email address, “Undisclosed,” or be left blank.  </span></li> <li><span style="text-align: initial;">Affiliate shall cause a valid physical postal address for Affiliate and/or the applicable Advertiser, as required by applicable law, to appear in each email creative, along with a functioning unsubscribe link (such unsubscribe link must remain active for at least thirty (30) days after email delivery). Affiliate must honor all unsubscribe requests within ten (10) days from receipt. Affiliate shall not sell or transfer an email address once a recipient has opted-out of receiving future communications.  </span></li> <li><span style="text-align: initial;">Affiliate shall distribute email marketing campaign materials exactly as provided, and shall not alter them in any manner without prior written approval.  </span></li> <li><span style="text-align: initial;">Affiliate must have active filters in place to prevent communications from being sent to any entity or person in Canada which include, at a minimum: (a) email filters (i.e. rejection of email addresses with “.ca” or other Canadian extensions); (b) zip code filters (rejection of Canadian zip codes); (c) area code filters (rejection of Canadian area codes); and (d) IP filters (rejection of Canadian IP addresses).   </span></li> <li><span style="text-align: initial;">All email advertisements must clearly and conspicuously state: “This is an Advertisement.” Or, “Advertisement” or “AD.” There are no exceptions. </span></li> <li><span style="text-align: initial;">Emails shall be delivered to addresses on email lists owned or managed solely by Affiliate. Brokering third-party deals without first disclosing to Clickbooth is strictly prohibited and grounds for immediate termination, as well as other legal remedies.  </span></li> <li><span style="text-align: initial;">Email marketing campaign materials, including email addresses supplied by Affiliate must not infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity. </span></li> </ul> <p><br></p> </div></div> 146525 310 4000086793 2018-02-13T10:50:42-05:00 3865486 11 2 0 4 Email Marketing - Code of Conduct 2016-08-18T11:41:07-04:00 4753279 1 2018-05-18T13:50:57-04:00 0 0 What is GDPR? General Data Protection Regulation, going into effect May 25th, 2018, aimed at protecting the Personally Identifiable Information of European Union citizens Will replace the former Data Protection Directive All organizations that collect, store or process PII of EU citizens will be subject to the regulation, regardless of where they are physically located Applies to both data controllers and data processors Data Subjects Have the Right to: Access the personal data collected or processed by a company Correct any errors in their personal data Request a company erase their personal data Object to a company processing their personal data Organizations are Required to: Be able to adhere to the requests of a data subject Protect the data they collect Notify authorities of data breaches Maintain the proper legal basis for collecting or processing data Keep records detailing data processing Provide data subjects notice of data collection Define data retention and deletion policies Train all personnel on privacy procedures Update policies Ensure any vendors they transfer PII to are adhering to the same standards. What is PII? Any data that can be used to identify an individual Includes, but is not limited to First and Last Name Physical Address Email Address Phone Number IP Address User Agent Device ID What has Clickbooth done to prepare for GDPR? As an organization, we take all matters of compliance and privacy seriously, and we have taken all necessary steps to become compliant with GDPR. Over a 6 month process, we have worked closely with privacy experts and industry law firms specializing in both internet advertising and privacy. Our GDPR compliance team has conducted a thorough review of our proprietary technology platforms, our partnerships and our internal and external process. We have made updates to our various privacy policies and informed all of our partners of any updates to our agreements as well as conducted internal employee training. We maintain that our company will be in compliance with GDPR effective May 25, 2018. Helpful Resources GDPR Key Changes UK Information Commission Office If you have any questions on Clickbooth’s privacy policies, you can reach out directly to your account manager or send an email to support@clickbooth.com. If you have questions regarding what steps your business should be taking to prepare for the enactment of GDPR, we encourage you to consult legal experts. <div rel="clipboard_data"><p><strong>What is GDPR?</strong></p><ul><li>General Data Protection Regulation, going into effect May 25th, 2018, aimed at protecting the Personally Identifiable Information of European Union citizens</li><li>Will replace the former Data Protection Directive</li><li>All organizations that collect, store or process PII of EU citizens will be subject to the regulation, regardless of where they are physically located</li><li>Applies to both data controllers and data processors</li></ul><p><br></p><p><strong>Data Subjects Have the Right to:</strong></p><ul><li>Access the personal data collected or processed by a company</li><li>Correct any errors in their personal data</li><li>Request a company erase their personal data</li><li>Object to a company processing their personal data</li></ul><p><br></p><p><strong>Organizations are Required to:</strong></p><ul><li>Be able to adhere to the requests of a data subject</li><li>Protect the data they collect</li><li>Notify authorities of data breaches</li><li>Maintain the proper legal basis for collecting or processing data</li><li>Keep records detailing data processing</li><li>Provide data subjects notice of data collection</li><li>Define data retention and deletion policies</li><li>Train all personnel on privacy procedures</li><li>Update policies</li><li>Ensure any vendors they transfer PII to are adhering to the same standards.</li></ul><p><br></p><p><br></p><p><strong>What is PII?</strong></p><ul><li>Any data that can be used to identify an individual</li><li>Includes, but is not limited to<ul><li>First and Last Name</li><li>Physical Address</li><li>Email Address</li><li>Phone Number</li><li>IP Address</li><li>User Agent</li><li>Device ID</li></ul></li></ul><p><br></p><p><strong>What has Clickbooth done to prepare for GDPR?</strong></p><p>As an organization, we take all matters of compliance and privacy seriously, and we have taken all necessary steps to become compliant with GDPR. Over a 6 month process, we have worked closely with privacy experts and industry law firms specializing in both internet advertising and privacy. Our GDPR compliance team has conducted a thorough review of our proprietary technology platforms, our partnerships and our internal and external process. We have made updates to our various privacy policies and informed all of our partners of any updates to our agreements as well as conducted internal employee training. We maintain that our company will be in compliance with GDPR effective May 25, 2018.</p><p><br></p><p><strong>Helpful Resources</strong></p><p><a href="https://www.eugdpr.org/key-changes.html" rel="noreferrer noopener">GDPR Key Changes</a></p><p><a href="https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/" rel="noreferrer noopener">UK Information Commission Office</a></p><p><br></p><p>If you have any questions on Clickbooth’s privacy policies, you can reach out directly to your account manager or send an email to support@clickbooth.com. If you have questions regarding what steps your business should be taking to prepare for the enactment of GDPR, we encourage you to consult legal experts.</p></div><p><br></p> 146525 0 4000123160 2018-05-18T13:50:57-04:00 3865486 12 <div rel="clipboard_data"><p><strong>What is GDPR?</strong></p><ul><li>General Data Protection Regulation, going into effect May 25th, 2018, aimed at protecting the Personally Identifiable Information of European Union citizens</li><li>Will replace the former Data Protection Directive</li><li>All organizations that collect, store or process PII of EU citizens will be subject to the regulation, regardless of where they are physically located</li><li>Applies to both data controllers and data processors</li></ul><p><br></p><p><strong>Data Subjects Have the Right to:</strong></p><ul><li>Access the personal data collected or processed by a company</li><li>Correct any errors in their personal data</li><li>Request a company erase their personal data</li><li>Object to a company processing their personal data</li></ul><p><br></p><p><strong>Organizations are Required to:</strong></p><ul><li>Be able to adhere to the requests of a data subject</li><li>Protect the data they collect</li><li>Notify authorities of data breaches</li><li>Maintain the proper legal basis for collecting or processing data</li><li>Keep records detailing data processing</li><li>Provide data subjects notice of data collection</li><li>Define data retention and deletion policies</li><li>Train all personnel on privacy procedures</li><li>Update policies</li><li>Ensure any vendors they transfer PII to are adhering to the same standards.</li></ul><p><br></p><p><br></p><p><strong>What is PII?</strong></p><ul><li>Any data that can be used to identify an individual</li><li>Includes, but is not limited to<ul><li>First and Last Name</li><li>Physical Address</li><li>Email Address</li><li>Phone Number</li><li>IP Address</li><li>User Agent</li><li>Device ID</li></ul></li></ul><p><br></p><p><strong>What has Clickbooth done to prepare for GDPR?</strong></p><p>As an organization, we take all matters of compliance and privacy seriously, and we have taken all necessary steps to become compliant with GDPR. Over a 6 month process, we have worked closely with privacy experts and industry law firms specializing in both internet advertising and privacy. Our GDPR compliance team has conducted a thorough review of our proprietary technology platforms, our partnerships and our internal and external process. We have made updates to our various privacy policies and informed all of our partners of any updates to our agreements as well as conducted internal employee training. We maintain that our company will be in compliance with GDPR effective May 25, 2018.</p><p><br></p><p><strong>Helpful Resources</strong></p><p><a href="https://www.eugdpr.org/key-changes.html" rel="noreferrer noopener">GDPR Key Changes</a></p><p><a href="https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/" rel="noreferrer noopener">UK Information Commission Office</a></p><p><br></p><p>If you have any questions on Clickbooth’s privacy policies, you can reach out directly to your account manager or send an email to support@clickbooth.com. If you have questions regarding what steps your business should be taking to prepare for the enactment of GDPR, we encourage you to consult legal experts.</p></div><p><br></p> 2 0 0 General Data Protection Regulation 2018-05-18T13:50:57-04:00 3865486