At Emma, we take anti-spam compliance very seriously. While anti-spam laws like CAN-SPAM are a step in the right direction for reducing the spam problem, we don’t feel they go far enough. Our definition of spam goes beyond the laws in most countries and encompasses what we believe to be true permission-based email marketing. Your compliance with this Anti-Spam Policy will help ensure that Emma maintains its reputation and white-list status with major ISPs and whitelisting programs, which in turn, will ensure that you, our Customer (or, our end user if applicable), retain high deliverability rate and get the most utility out of our Emma Services.
Throughout this Anti-Spam Policy references to “We”, “Us”, and “Our” are references to Emma, and references to “You” and “Your” are to the Customer, the Customer’s End Client, and/or the User, as appropriate in the context.
Section 1. Definitions
The following definitions will apply to capitalized words in this Anti-Spam Policy:
“Agreement” as, used here, means the Services Agreement located at myemma.com/legal/services-agreement.
"Anti-Spam Laws" means any and all applicable laws, regulations, statutes, rules, orders and other requirements of any international, federal, state or local governmental authority regulating the transmission of electronic messages.
"Contact List" is a list of Contacts uploaded to the Services or created on or via the Services.
"Permission" means express, provable, and recent permission, provided by a Contact, for a specific individual or an organization to contact them on the topic of an email. Recent, as used here, shall mean Permission was either: 1) obtained within the preceding 12 months; or 2) obtained at anytime and ongoing communications have been sent to the Contact over the course of the preceding 12 months.
"Distribution Email Address" shall mean an email address associated with a distribution list that enables a User to send an email to multiple recipients by sending that email to the single email address associated with the distribution list.
"Spam" as used herein, is any email sent by a User to a Contact who has not given the User their direct Permission to do so, or marks such email as Spam.
Capitalized words in this Anti-Spam Policy that are not otherwise defined above shall have the meaning ascribed in the Agreement and the TOU. In the event of any conflicts between the definitions in the Agreement and the TOU, the conflict will be resolved in favor of the Agreement.
Section 2. Required Content
- Unsubscribe Link. You must ensure that all emails sent through your account contain an Emma (or other Emma-approved) “unsubscribe” link, in form and substance satisfactory to us, that: 1) allows Contacts to instantly and permanently remove themselves from future mailings, 2) presents unsubscribe instructions in a clear and conspicuous way, and 3) remains operational for a period of thirty (30) days after sending the email. You must monitor, correct, and process unsubscribe requests immediately. You must ensure that your Users do not remove, disable or attempt to remove or disable such link. Furthermore, you understand that some recipients may choose to ask you to opt them out instead of using the opt-out link provided. In such cases, you agree to unsubscribe any such recipient manually, by changing the member's mailing status to "opt-out" using the tools provided inside your Emma account, and to make sure that Contact has been opted out prior to your next mailing being sent, and within ten (10) business days from the opt-out request, in lieu of any mailings being sent, as required by law.
- Contact Information. Each email must clearly identify the individual or organization that authorized the sending of the email (“Authorizing Party”). This means that if a third party is sending messages on behalf of an Authorizing Party, the Authorizing Party must be identified. Identification must include the correct legal name of the Authorizing Party and a registered business number (if applicable). All identification information should remain valid for at least 30 days after the email is sent. Each email must contain a legitimate physical address and contact details for the Authorizing Party and any other contact information that may be required by Law.
- Other Required Information. All emails must state the reason the Contact is receiving the message. For example, “You are receiving this message from ABC Company because you signed up for our email list at abc.com.”
Section 3. Permission
- Customer Representations. You agree to import, access, and/or use only Permission-based Contact Lists. You represent and warrant that you have provided all applicable legally required disclosures in conjunction with obtaining Contact’s Permission. You further represent and warrant that you have not used any false or misleading information, names, email addresses, subject lines, or other information for the purpose of or in connection with obtaining Contact’s Permission. You must retain records of any Permission received and shall provide such records to us immediately upon request.
- Obtaining Permission. Permission must be obtained in one of the ways described below. A Contact:
- fills out an online form subscribing to your email marketing Contact List (form must not contain any pre-checked fields);
- opts-in via web form to your email marketing Contact List, provided that the opt-in box is not pre-selected by default;
- completes an offline form that clearly indicates that you may add them to your email marketing Contact List and they have expressly indicated their willingness to receive such emails;
- gives you their business card; provided: 1) you have explicitly indicated that by giving you their business card they are agreeing to being added to your email marketing Contact List; or 2) they added their business card to a container or pile that clearly indicated that by adding such business card they are agreeing to being added to your email marketing Contact List;
- has a clear relationship with you, as an individual who (a) pays dues to belong to your organization, (b) pays a subscription fee to gain access to your organization's services, or (c) has purchased a good or service from you within the preceding 12 month period, in the course of which you have obtained that customer's email address and there is a reasonable expectation that the Contact would consent to receiving emails; or
- provides you with other express written permission to be added to your email marketing Contact List prior to your contacting them via email.
- Scope of Permission. You may not send emails to Contacts on any topic that exceeds the scope of the topic that Contact has given you Permission to email them about. Where a Contact has provided Permission for specific individual or organization to contact them, that Permission may not be transferred to another individual or organization. Any Permission obtained from a Contact shall be exclusive to you and will not extend to your Affiliates, unless such Permission was also granted to the applicable Affiliate.
Section 4. Approvals, Restrictions, & Compliance
- Account Approval. Unless otherwise expressly agreed by us, you may not send any emails using the Emma Services until your account has been approved by a member of our trained compliance team.
- Content Subject to Compliance Approval. We may request specific information about your list collection and email marketing activities prior to allowing access to our sending infrastructure at our discretion with reasonable notice. At any time, we may ask a sender for information regarding their use of Emma, including specific information regarding the list collection methods used for some or all of their recipients. You must obtain prior written approval from our compliance team, which may be withheld in our sole discretion, before sending content related to pharmaceuticals, legal drugs, horoscopes, adult novelty items, diet advice, nutritional advice, supplements, financial information, stock trading, FOREX, mortgages and loans, insurance, debt collection, credit repair, daily deals, coupons, paid surveys, lead generation services, recruitment or job-seeking services
- Bulk Uploads. Prior to any bulk and/or large Contact List uploads to the Emma Services, you must obtain prior written approval from our compliance team, which may be withheld in our sole discretion.
- Company API. Emma provides API Calls (“Calls”) to facilitate certain account activities without relying on the Emma application interface. These Calls are governed by the same policies set forth herein. The Customer and its Users shall not use the API to circumvent Emma's efforts to facilitate Permission- based sending via the Services. It is Emma's sole discretion to determine permissible use of the API and Calls. Any improper use of the API, as solely determined by Emma, will be grounds for immediate termination of Customer's account.
- Prohibited Uses. There are some list collection methods, sending practices, and models of business which are irreconcilably at odds with Emma’s permission policy or which represent untenable risk to the reputation of Emma’s sending infrastructure. You agree that you will not:
- mail to Distribution Email Addresses, emails addresses copied or scraped from the internet (or to Contact email addresses otherwise programmatically obtained from any physical or electronic source); newsgroups, purchased, loaned, or rented lists;
- mail to any Contacts obtained from a third party (unless such third party specifically obtained Permission from the Contact for you to mail them);
- mail to co-promotion lists, where more than one potential sender is given access to email addresses collected without the recipient’s willful, sender-specific consent;
- Use the System for one-time mailings to a list of members after which you delete the membership and create a new one. Your membership must be a permanent list to which you add new members and/or members subscribe or unsubscribe themselves.
- use the Emma Services to administer illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or conduct any illegal activities;
- use the Emma Services to transmit or solicit material that:
- is Spam, obscene, threatening, harassing, defamatory, or libelous;
- contains, links to, or displays nudity, obscene content, gambling related content, escort services, offers to make money online or work from home businesses, payday lender related content, the solicitation of weapons and firearms, affiliate or multi-level marketing or Ponzi schemes; the production, sale, exchange, storage, or marketing of Cryptocurrencies and Initial Coin Offerings, Penny Stocks, the selling of personal data of any kind, list brokers or list rental services, illegal drugs, illegal software, viruses, or any other content that we deem inappropriate in our sole discretion;
- violates or infringes the rights of a third party (including a third party’s privacy and/or intellectual property rights); or
- violates any applicable local, state, federal, and international Laws.
- You agree that to ensure that email messages sent through your Emma account are truthful and accurately identify the source of the message. In all emails, you agree to use subject lines that are in no way false or misleading as to the identity of the sending organization or the nature of the content contained in the email. You also agree to include your organization's physical address in all campaigns, as required by the Can-Spam Act of 2003, 15 U.S.C. 7701, et seq.
- Compliance. You acknowledge that the Emma Services allow you to upload data related to your Contacts and also to track your Contacts engagement with emails sent using the Emma Services and accordingly, you represent and warrant that you have complied with all notice, disclosure, consent, and other requirements imposed by applicable data privacy Laws prior to uploading an individual’s email address to your account. You represent and warrant that you have complied with applicable data privacy Laws and Anti-Spam Laws in connection with your use of the Emma Services.
Section 5. Our rights and obligations
- Contacts. We will not use your Contacts’ information for sending spam or any purpose other than those related to the Emma Services and as otherwise described in our Privacy Notice.
- Monitoring. We reserve the right, but have no obligation, to:
- scan every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, you will be informed and required to include an Emma unsubscribe link before sending additional email messages or User Content via the Emma Services.
- monitor and meter the number of KiloBytes of data transferred when sending email messages.
- monitor any and all User Content and your use of the Emma Services to ensure compliance with this Anti-Spam Policy.
- Abuse Complaints. Emails sent through the Emma Services may generate abuse complaints from Contacts. Our software is directly integrated into the spam reporting systems of major ISPs. If someone marks your campaign as spam, we’ll be notified immediately. You are responsible for ensuring that email campaigns sent from your accounts do not generate a number of abuse complaints in excess of industry norms. If your complaint rate reaches 0.1% of all Contacts (that’s 10 complaints aggregated across your accounts, including your End Clients’ accounts, for every 10,000 Contacts) you will receive a warning email requesting an explanation and tips. If you continue to experience complaint rates exceeding 0.1%, we may lock or terminate your account in our sole discretion.
- Right to Audit. We have the right to audit your accounts and records to evaluate such party’s compliance with this Anti-Spam Policy. You agree to procure, where necessary, that your End Client’s records are made available to us upon our request.
- Right to Suspend. We may, in our sole discretion, remove any User Content and/or suspend or terminate your (and/or your End Clients’) use of the Emma Services for any actual or alleged breach of this Anti-Spam Policy at any time. Any suspension pursuant to this clause will not affect your obligation to pay fees owed to Emma.
- Remediation. Emma’s compliance team will seek to remedy any issues contributing to reputation damage to Emma’s sending infrastructure and/or the sender’s reputation for up to 30 days. If we are unable to agree on a remedy or the sender is unresponsive during that time, the account will remain suspended until the issue is resolved, or until the end of the period specified by the contract.
- Right to Terminate. It may be necessary to permanently close an account (without refund) due to compliance issues or untenable risk to the reputation and viability of Emma’s sending infrastructure. This determination will be made solely by our compliance team. Examples of situations where such closure may be necessary includes, but is not limited to, the following:
- Repeat offenses - Recurrence of compliance issues which indicate willful or neglectful non-compliance necessitate the immediate closure of the sender’s Emma account in order to protect the reputation of Emma’s sending infrastructure.
- Inherent Risk - Lists and content may carry risk that precludes them from use of our shared IP environment. These may be disallowed at any time by the compliance team.
- Anti-Spam Policy Violations - Any violation of this Anti-Spam Policy may result in termination.
In the end, anti-spam compliance is about common sense. Take off your marketing hat and put yourself in your Contacts’ shoes. If they don’t recognize who you are or aren’t interested in what you’re sending, they’ll think you’re a spammer. It’s that simple