Introduction
This Anti-Spam Policy (the “Policy”) sets out key principles to which Trustify’s (“we” or the “Company”) customers who are licensed to use software (“Software”) on their internal network (“Client” or “you“), must comply with in full. The reason for this is to ensure that the applicable regulatory requirements, industry standards and best practices, when sending when sending any form of communication through our Software, including by emails, SMS or any other communication method (“Communication(s)”) are strictly adhered to.
This Policy supplements the Agreement (as defined below) and does not derogate in any way from the Client’s representations, undertakings and obligations under the Agreement and any other agreement which has been entered into between the Client and the Company.
The Client undertakes to comply with this Policy. The Client further represents that it employs all necessary monitoring and review procedures for the purpose of complying with all of the above.
Definitions
The following definitions will apply to capitalized words in this Policy:
- “Agreement” as used here mean the End User License Agreement located at https://www.trustify.com/EULA (needs to be referenced on Trustify’s site)
- “Anti-Spam Laws” means any and all applicable laws, regulations, statutes, rules, orders and other requirements of any international, national, or local governmental authority which regulate the transmission of any Communications.
- “Consent” means informed, express and provable permission to contact End Users with regard to the subject of the Communication.
- “Distribution List” shall mean a list of End Users’ email addresses that enables a Client to send an email to multiple End Users.
- “End Users” or “Recipients” means any individual whose email address is included in a Distribution Email Address or to whom Clients send Communications by using the Software.
- “Spam”, as used herein, is any Communication sent by a Client to an End User who has not given his prior and relevant Consent to do so.
Client’s responsibilities
3.1. You shall ensure that all Recipients of Communications are above the minimum legal age in the jurisdiction in which they are located.
3.2. You shall ensure that you comply at all times with all the requirements of applicable Anti-Spam Laws.
3.3. You shall not make use of any communication method in order to send Communications to Recipients who have not explicitly given their Consent or subscribed to receive such Communications from you. You will ensure that you have provided all applicable required disclosures in conjunction with obtaining Recipient’s Consent.
3.4. You may not send Communications to Recipients on any topic that exceeds the scope of the topic to which any Recipient has given its/his/her Consent to communicate with you. Any Consent obtained from a Recipient shall be exclusive to you and will not apply to any third parties, unless such Consent was also granted to the applicable third party.
3.5. You shall respect an individual’s rights to opt-out and shall not send or promote any Communication to an individual who has communicated his/her choice not to receive future Communications.
3.6. You must clearly identify the individual or organization that authorized the sending of the Communication (“Authorizing Party”). This means that if a third party is sending messages on behalf of an Authorizing Party, then the Authorizing Party must be identified. Identification must include the full and 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 under the Anti-Spam Laws.
3.7. Communications sent by you must also:
- not contain any false or misleading header information – for example, the “From”, “To”, “Reply To” and routing information, including the originating domain name and email address, should in all cases be accurate;
- not contain any deceptive subject lines or contain materially false or misleading information; and
- contain a clear and conspicuous identification in case the Communication contains an advertisement or solicitation (e.g. “Promotion”, “Advertisement”, etc.).
3.8. Communications sent by you must include an opt-out mechanism. In this regard, the Communications must contain a clear and conspicuous notice which provides the opportunity to opt out from receiving future Communications, in an uncomplicated manner (e.g. through an “Unsubscribe” mechanism, thereby allowing the Recipients to communicate their choice by replying to the email address). Such a mechanism must: 1) allow Recipients to instantly and permanently remove themselves from your Distribution List; 2) present unsubscribe instructions in a clear and conspicuous way; and 3) remain operational for a period of at least thirty (30) days after sending the Communication. You must monitor, correct, and process unsubscribe requests immediately and ensure that you do not remove, disable or attempt to remove or disable such link.
3.9. You will not send Communications to Distribution List or emails addresses which are copied or taken from the internet, including any lists which have been purchased, loaned, or rented.
3.10. You will not use our Software to administer any illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or conduct any activities of an illegal nature.
3.11. You will not use our Software to transmit or solicit Communications and content that: 1) is Spam, obscene, threatening, harassing, or libellous; 2) contains, links to, or displays nudity, obscene content, gambling related content, escort services, offers to make money online, pay day lender related content, illegal drugs, illegal software, viruses, or other illegal content; 3) violates or infringes the rights of a third party (including a third party’s privacy or intellectual property rights); or 4) violates any applicable local, state, national, and international laws.
3.12. You must comply at all times with the Company’s Privacy Policy (https://www.trustify.com/privacy/) including with regard to any notice, disclosure, consent, and other requirements imposed by any applicable data privacy laws prior to collecting an individual’s email address (or other types of personal data) and processing such information.
Company’s rights
4.1. We reserve the right, but are under no obligation, to monitor, audit and scan the Communications sent by you when using our Software, for the purpose of ensuring your compliance with applicable laws, the Agreement and this Policy. You agree to procure, where necessary, that your End User’s records are made available to us upon our reasonable request.
4.2. We may, in our sole discretion, suspend or terminate your use of the Software for any actual or alleged breach of this Policy at any time. We may also immediately disable your access to the Software without any refund if we believe that you have violated this Policy in any way.
4.3. We may change or update this Policy from time to time, in accordance with our sole discretion. Accordingly, this Policy should be viewed on a regular basis. The latest revision will always be the one published in https://www.trustify.com
Contact us
If you have any questions about our Anti-Spam Policy, or if you want to report any spamming activity by one of our Clients, please contact us at: info@trustify.com.