Download Rules concerning the use of MailPlus in combination with unwanted

Rules concerning the use of MailPlus in combination with
unwanted emails.
It is not allowed to use the MailPlus platform for sending unwanted bulk email (also
known as spam) in any way. To provide clarity into what is and what is not allowed when
using MailPlus this ‘anti-spam policy’ has been created. This policy consists of seven rules
that applies to all MailPlus users, and which measures have to be taken to comply with
those rules.
Spam is unwanted bulk email and unwanted commercial email, sent to addressees who
haven’t clearly and verifiably signed up for receiving information via email from the
specific sender. This information includes for instance advertisements, banners, surveys,
brochures, promoting website addresses, sales information and auctions.
Furthermore, sending ‘not receiver friendly’ emails is considered spam when:
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an unsubscribe option is missing in every email message sent to the receivers.
no valid reply address is used for each email message.
This is the rule the law states to be able to send email to consumers (who do not have a
customer or other relationship with you organization).
This rule is more strict than the Dutch Telecom law which still allows this to be done.
However, despite the law, many receivers still mark these unwanted commercial emails as
spam with several organizations and anti-spam companies. Despite it being legal, this
form of unwanted email can result in deliverability issues for other MailPlus users.
Therefor this practice is not allowed.
This is the only exception to the main rule. The Dutch Telecom law allows every company
and organization to send their customers/members/sponsors/subscribers/etc. unsolicited
(without explicit prior opt in of the addressee) email. The law enforces those email
messages to be containing relevant product or services information. One condition is that
the receiver can unsubscribe themselves in a simple manner from receiving future email
messages.
This is the rule the law states to send email to consumers (who do not have a customer
or other prior relationship with your organization). You need prior opt in from consumers
to be allowed to send them email.
MailPlus users need to have active prior opt in. Prior opt in means that the subscriber has
explicitly given an informed opt in for receiving certain email messages. Explicitly means
that the subscriber themselves has actively ticked a box on a subscription form or has
filled in ‘yes’ when subscribing. Pre-checking a box to ‘yes’ is not allowed in this case. On
top of that, a subscribe needs to know what they are giving opt in for. This means the
subscriber needs to be clearly informed of what their email address will be used for.
Examples include the frequency and content of the email messages.
This will allow the receiver to decide to unsubscribe from receiving further emails at any
moment. It is not allowed to put any conditions to the unsubscribing of your receivers
and it is not allowed to be a manual process. Your email templates contain an
unsubscribe link by default. You are not allowed to remove this link manually before
sending out emails.
The email you are sending through MailPlus needs to clearly state the identity of your
organization. This can be done by putting the company name in the From field.
Furthermore the email template needs to contain the logo, the name (not an alias) and
the address information of your organization. It needs to be immediately clear for
subscribers how they can reach you via email (through a working reply address) and
phone (by including a phone number).
The brand (company name) with which the subscriber list has been compiled over time
needs to be shown in the ‘From field’ according to the ‘Code E-mail’ (Dutch marketing
association email marketing rules).If you’re sending email messages for third party
companies, from several brands or renting a list? Special rules apply in those cases.
Read the Code E-mail for details (Dutch).
.. for handling and solving spam complaints
MailPlus can receive spam complaints through four parties that are an incentive to start
an investigation.
We will ask receivers about the details of the specific emailing and the date.
Consumers can file official complaints with the ‘Reclame Code Commissie’ (Dutch Ad
Code Commission). They will in turn contact the sender and advertising company
(MailPlus user) about the complaint.
When the OPTA receives several complaints from receivers about a specific emailing
which has been sent through the MailPlus network, the OPTA will issue an official
warning.
Many consumers and companies use anti-spam software that automatically handle spam
complaints. When a set number of complaints is reached, the companies supporting the
anti-spam software will automatically send an email with the report that the sending
email server of the sender has been blacklisted (temporarily).
When we receive a complaint about your emailing, we report this to you requesting for
written response. Besides that, we make an appointment with you to prevent similar
problems in the future. You are expected to handle complaints about unwanted email in
a correct and complete manner.
When you have not handled and responded to this problem within 48 hours of us
reporting it to you, we reserve the right to disallow access to your MailPlus account. The
account will not be accessible until we are certain the incident is completely solved and
measures have been taken to prevent the sending of unwanted email in the future.
We reserve the right to terminate your MailPlus contract immediately when it becomes
clear you are using the systems for sending spam. Any liabilities for follow up damages,
caused by sending spam by the client, are for the client. We will recover compensatory
and punitive damages done to MailPlus, which have been caused by the client by not
following this policy.