SPAM is a bulk distribution of electronic messages (mail) of a commercial nature to people/companies which did not give their consent to receipt of such information. Bulk distribution means sending of messages with the same content to a large number of addressees. Bulk distribution of SPAM using the SendExpert Service is strictly prohibited.
Bases of recipients of bulk distribution of messages
“Recipients” mean planned addresses of bulk distribution that the User of the SendExpert Service plans to perform.
Email addresses and telephone numbers of recipients can be added to the database of the Personal Account of the SendExpert Service using one of the following ways:
Using the subscription form of the website (where recipients voluntarily leave their Email address or telephone number for subsequent receipt of messages of the User of the SendExpert Service);
By loading Email addresses or telephone number from .TXT or .XLS files;
By adding Email addresses or telephone numbers;
By entering Email addresses or telephone numbers via API.
In all cases the User of the SendExpert Service must have permission of recipients of messages for use of their personal data.
A recipient of a message must have a possibility to cancel his or her consent to receipt of messages from the User at any time.
Sending messages to persons (recipients) who have not given their consent to receipt of messages from the given User sent for the respective purpose is prohibited.
Consent of the recipient must be explicit and informed (the recipient must understand the goal of collection, processing and storage of his or her personal data, and the recipient must be made aware of inclusion of his or her data in the database of the User and of his or her rights as a personal data subject according to the legislation, and of the possibility of use of his or her personal data for automated bulk distribution). Such consent does not include vague information taken from another context of another communication of the User with such recipient. When working with the SendExpert Service, the use of databases of Email addresses of recipients that were bought from third persons, loaded from third party resources, as well as the use of addresses collected by another illegal method, is strictly forbidden.
In some cases, for the purposes of check of the database, bulk distribution is performed in the delayed sending mode. The first part of bulk distribution is sent to 10% of the addressees of the bulk distribution (but not more than to 1000 addressees). During 6 hours after sending the SendExpert system analyses indicators of the bulk distribution: openings, clicks, inactive addresses, the number of cancellations of subscriptions and complaints about SPAM. Depending on the result the messages are either sent to the remaining 90% of the addressees, or performance of the bulk distribution is declined by the administrator of the SendExpert Service.
In the bottom part of every sent message the User must state that the recipient gave his or her consent to such bulk distribution. For example, “You have received this message because you are a subscriber of the newsletter of /name of the company/. We received your Email when you completed the subscription form on the website /link to the registration form/”. Such content can be placed at the end of the message using the main font.
Content of messages sent to recipients
The User must state true and precise information that is not contrary to requirements of the legislation (including legislation on protection of consumer rights and on competition), both in the heading and text body of the messages sent to recipients.
The User must have a possibility to clearly identify the sender of the message.
The content of the heading and the body of the message must not mislead or misinform the recipient, or violate his or her rights, or any rights of third persons.
The sole person responsible for content of messages sent to the recipients is the User who prepared and initiated the respective bulk distribution. However, the Company reserves the right to check content of messages intended for bulk distribution, and to block bulk distributions in case of discovery of breaches by the User of the terms and conditions of provision of the services of bulk Email and SMS distribution of the SendExpert Service.
Email address of the User
The User of the SendExpert Service must state his or her true Email address that will be automatically included in every message sent by such User. The User must also update his or her data in a timely manner and maintain contact with the administration of the SendExpert Service, to confirm that the provided information is up to date.
Cancellation of the subscription by the subscriber
Every message sent by the User must automatically include a link to cancellation of subscription, which cannot be deleted. This function is used for regular automated updating of the list of bulk distribution, in order not to send any future messages to a recipient who cancelled the subscription.
Repeated sending of messages to a recipient, who had subscribed to receipt of messages via the bulk distribution but later cancelled his or her subscription to receipt of messages from the given User or messages regarding a certain topic, is prohibited
The SendExpert Service automatically processes all cancellations of subscriptions and provides the respective data to the User of the Service. This is reflected in the Personal Account of the User.
It is forbidden for the User to use the SendExpert Service for distribution of SPAM.
The contact details (Email address, website address) of the SendExpert Service cannot be included in the texts of the messages sent by the User or landing pages.
It is forbidden for the User to use the SendExpert Service for distribution of messages regarding the following goods or services:
Dating services, escort services;
Drugs, products for private body parts, prescription drugs, counterfeit drugs;
Work from home, any type of online earning, any methods of quick increase of earnings, income or profits and of reinforcement of financial independence, etc.;
Trade at stock markets and exchanges, or message boards;
Partnership marketing, as well as business based on sale fee;
Assistance and optimisation of credit debts, debt collectors;
BADS: food-based, plant-based, vitamin-based;
List of brokers or rental services;
Goods prohibited for distribution, pirate software or media;
The administration has the right to issue a warning and/or take corresponding measures if the service is used in violation of any of the prohibitions listed above. Corresponding measures include:
freezing of the Personal Account of the User (temporary blocking of a possibility to perform bulk distribution) who violated the terms and conditions of performance of Email and SMS bulk distribution via the SendExpert Service;
withholding of funds from the account of the User for reimbursement of losses of the Service;
contacting official bodies (depending on the type of violation) that are authorised to review the issues of liability for certain violations or to adjudicate respective disputes.
Complaints about SPAM
Any person who believes that he or she received a SPAM message via that SendExpert Service, can inform the Company thereof in the “Report SPAM” section on the website www.sendexpert.com.