Experiture Anti-Spam Policy
Prepared June 15, 2017
Experiture Inc., incorporated under the laws of the State of Delaware, with its principal place of business located at 210 Richardson St, Brooklyn NY 11222 (“Experiture” or “we”) follows a zero tolerance spam policy and prohibits users from sending unsolicited emails in any form while using the Service. Experiture participates in a number of industry initiatives which promote responsible, permission-based email marketing.
Experiture requires all Users to comply with the following legal requirements established for commercial email service providers: CAN SPAM Act of 2003, the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’) and laws in force of the User’s country of residence, or the laws in force of the Subscriber’s country or countries of residence, as applicable.
What Is Spam?
Spam, also known as junk mail, is an unsolicited commercial email messages, especially bulk email message. Unsolicited means that the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. The term ‘spamming’ refers to transmitting, distributing or delivering any unwanted commercial e-mail correspondence, especially in mass quantities, through the electronic means of communication.
Subscribers can be added to the Service account (“Experiture Account”) in multiple ways. They may, for example, fill out a capture form on your website. Email addresses may also be imported, added via API calls or added to the mailing list manually. In such cases, the User must have their subscriber’s permission to process their data. It is prohibited to send messages to any person that has not expressed their consent to receive such information from the User. We would like to note that the subscriber’s consent may not be presumed or infer from the statements of other content. In addition, subscribers may withdraw their consent at any time.
We recommend “confirmed opt-in” to all Users. This efficiently prevents spam complaints and makes the list much more responsive, as subscribers are receiving information they expect.
Experiture strictly prohibits users from renting, leasing and/or purchasing email addresses from a third party, as well as from gathering them through surreptitious methods, such as scraping or harvesting. The use of any kinds of automated solutions, software or scripts is strictly prohibited. The User may store, manage the data and send electronic information only to those recipients who have expressly agreed to receive such information from the User.
We reserve the right to verify the list of subscribers imported by the User in terms of their quality, i.e. among others possessing required approvals for the sending of electronic messages, existence of spam-traps or misspellings. The negative result of such a verification entitles us to reject the imported list. If a greater number of email addresses is imported, we reserve the right to require the User to carry out a test dispatch to a sample of email addresses. The User’s capability to import the entire list or send messages to the remaining email addresses from the list will depend on the results of the test dispatch.
Content of Your Messages
The User must provide true and accurate information to be used in their email headers, i.e. “From” and “To” data must clearly identify the sender. The subject line must not be deceptive, and thus mislead the subscriber about the purpose and content of the message.
The messages cannot contain any vulgar or illegal content
The User must provide their true and accurate postal address that will be included in each message footer. The User is required to maintain and promptly update this data to ensure it is current, complete and accurate.
Each message sent from an Experiture Account contains an unsubscribe link that cannot be removed. The link automatically updates the mailing list to ensure that a subscriber that has opted out will not be sent any further mailings.
The User is not allowed to send messages to any individual that had been added to the mailing list, but later unsubscribed from it. Experiture automatically handles all unsubscribe requests on User’s behalf. The list of individuals that have opted out shall be provided in the Customer’s Account.
The User must not use the Service to send any unsolicited and unwanted e-mail correspondence. Neither an Experiture.com email address, nor the Experiture URL may be included in a bulk message or in a bulk-advertised web page.
We reserve the right to issue a warning should the User be found spamming or using the Service for any abusive or illegal practices. Appropriate actions, such as terminating User’s account without notice nor a refund, and/or reporting the Customer and the incident to their ISP and proper authorities shall be taken, should the User appear to perform or be performing such practices, despite the explicit warning. Without limiting the foregoing, the User shall be liable for any loss incurred or damage suffered by Experiture or any third party should such loss result from noncompliance with this Anti-Spam Policy.
If you believe you have been spammed, please notify [email protected]