The document describes the principles jointly referred to as the anti-spam policy applied by GetResponse S.A. with headquarters at Arkońska 6, A3, 80-387 Gdańsk, (hereinafter: “GetResponse”) used to send unsolicited commercial information. GetResponse has a zero tolerance policy on sending this type of message. We participate in numerous international industry initiatives, such as the Email Service Provider Coalition – ESPC) and Signal Spam, which promotes responsible online marketing based on recipient consent.
I. Legal Requirements
In addition to complying with the terms of this Policy, Users must comply with all legal requirements for commercial email service providers in the country of residence of the User and its Contacts, and the following to the extent applicable (each as amended or superseded and in effect): the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000 on certain legal aspects of information society services, in particular, electronic commerce, in the Internal Market (“Directive on Electronic Commerce”), 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”), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and CAN SPAM Act of 2003, along with other applicable laws on privacy and electronic communication. You are solely responsible for familiarizing yourself with applicable legal requirements and ensuring that you fully comply.
II. What Is Spam?
Spam, also known as junk mail, is unsolicited commercial email messages, especially (but not only) bulk email messages. “Unsolicited” means that the recipient has not provided 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 unsolicited commercial e-mail correspondence, especially in mass quantities, through electronic means of communication.
Subscribers can be added to the Service account (“GetResponse Account”) in multiple ways. Email addresses may be imported, added via API calls, iPhone 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.
GetResponse will send a new subscriber a message confirming their interest in receiving information from the User. Users may request to disable the confirmation for email and web subscriptions.
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. At the User’s request, we may send the Contact a message to confirm his interest in receiving information from the User. The confirmation email may be customized, so that recipients can easily recognize to which list they subscribe.
GetResponse 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 part 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.
IV. Content of Your Messages
The User must provide true and accurate headers and content in its messages. Among other things, the “From”, “To”, “Reply-To” and routing information (including originating domain name and email address) must be accurate and clearly identify the sender. The subject line must accurately reflect the content of the message and not be deceptive or misleading. The message must also disclose clearly and conspicuously when it is primarily an advertisement, and must not contain any content that is vulgar, offensive, illegal or otherwise prohibited by applicable law or GetResponse policy, in particular, but not limited to GetResponse Terms of Service.
V. Postal Address
The User must provide GetResponse with the User’s valid physical postal address, which will be included in each message footer. The User is required to maintain and promptly update this data with GetResponse to ensure it is current, complete and accurate.
VI. Withdrawal of Consent – “unsubscribe” link
Each message sent from the Account shall contain an unsubscribe link. The link automatically updates the mailing list to ensure that a Subscriber that has opted out will not be sent any further mailings from that Account. Users are expressly prohibited from removing, altering or hiding the unsubscribe link, or from charging any fee, requiring any personally identifying information other than an email address, or requiring the Contact to take any step other than sending a reply email or visiting a single page, as a condition for honoring an opt-out request.
Once a Contact has opted out, the User must not send them further messages or sell or transfer their email addresses, even in the form of a mailing list. GetResponse automatically handles all unsubscribe requests on User’s behalf, and lists Contacts that have opted out in the User’s Account.
VII. Agreement Violations
The User must not use the Service to send any Spam. Neither emails with the getresponse.com domain, nor the GetResponse URL may be included in a bulk message or in a bulk-advertised web page.
We reserve the right to issue a warning or take other action should the User be found spamming or using the Service for any abusive, illegal, prohibited in GetResponse Terms of Service or otherwise unauthorized purposes. In each such case, GetResponse reserves the right to take such action as it deems appropriate under the circumstances, including without limitation, warning, terminating the User’s Account without notice or a refund, and/or reporting the User and the incident to their ISP and proper authorities. The User shall be liable for any loss incurred or damage suffered by GetResponse or any third party should such loss result from noncompliance with this Anti-Spam Policy.
If you believe you have been spammed, please notify us to abuse[at]getresponse.com.