Acceptable UseExplicitly opted in with you online. Each recipient subscribed to your list online and opted in for one or several types of mailings, for example by clicking one or more subject-related checkboxes that were unselected by default. Co-registration on a partner’s site is OK as long as there are separate opt-in options for each list and it is clear to users that they are subscribing to your list. If you haven’t sent the recipient email in over 6 months, we recommend a reintroduction message reminding them what they subscribed to, and when. Explicitly opted in with you offline. Recipient completed your offline form, survey or participated in your contest and gave their express permission to be contacted by email about specific subject(s), for example by ticking an empty checkbox. Gave you their business card. If it’s absolutely clear that by giving their card the recipient would be added to a list with a particular subject matter, you have permission. We recommend an introductory message reminding them what they subscribed to, and when. Explicitly opted in for the subject you are contacting them about. When opting in, it should be clear to the recipient what the nature of the mailings will be. For example, just because someone opted in for updates about a specific product doesn’t mean you can also add them to your general newsletter or promotional mailings for other products. You have implied consent through an existing business relationship. You must obtain explicit consent from these recipients within 6 (six) months if they have not effected a purchase with your business or within 2 (two) years if they have effected a purchase with your business.
Unacceptable UseEmail address copied from the Internet or other source. Just because someone published an email address online, in a directory or on a business card, doesn’t mean they’ve given permission to be added to your mailing list. No email sent to recipient’s address in over 2 years. Even when proper permission is granted, it doesn’t last forever. When too much time goes by, people forget they opted in and will consider your email to be spam. The industry norm is that permission expires after 2 years of no contact. Email address obtained from a third party. If you purchased, rented, borrowed or otherwise acquired a list from another party, even if it’s an opt-in list, the recipients didn’t give their permission to hear from you specifically. Recipient is a customer but hasn’t opted in. Just because someone was your customer doesn’t give you explicit permission to send them email marketing messages. They would first have to opt in for the specific subject about which you are contacting them. Email address is generic and used by several people. You cannot email to generic email addresses like firstname.lastname@example.org, email@example.com or firstname.lastname@example.org because they are often role-based and the users of such addresses change frequently. The only exception to this rule would be if you knew the recipient and were sure that it was their permanent individual email address. Email address is a distribution list or mailing list. You cannot send email to any address that forwards to more than one person because it is impossible to determine whether all recipients have given permission, and there is no way for them to unsubscribe individually.
Every email you send using CakeMail must include the following:
A unsubscribe link that instantly removes the subscriber from your list.
The name and physical address of the sender.
- The name of person or organization asking for consent;
- The specific purpose for which you are obtaining consent (e.g. “receive offers from Company Name”, “Receive Company Name’s newsletter”);
- A notice that the subscriber can withdraw their consent at any time; and
- Contact information, which must include a physical mailing address AND an electronic communications method, whether email or phone or a web page contact form. A hyperlink to a web page with all this contact information is acceptable.
- The name of the person or organization sending the CEM, or if the CEM is being sent on behalf of another person / organization, the name of the person / organization on whose behalf the CEM is sent;
- If the CEM is sent on behalf of another person / organization, a statement saying so;
- Contact information, which must include a physical mailing address AND an electronic communications method, whether email or phone or a web page contact form. A hyperlink to a web page with all this contact information is acceptable; and
- A valid unsubscribe mechanism.
- Enable the recipient (at no cost) to readily remove themselves from the mailing list;
- Stay valid for a minimum of 60 days after the CEM has been sent; and
- Process requests without delay and be effective not more than 10 business days after the request is made.
Other Anti-Spam Legislation