Anti-spam policy

Definition of SPAM Bases of recipients of bulk distribution of messages Content of messages sent to recipients Email address of the User Cancellation of the subscription by the subscriber Prohibited actions Complaints about SPAM

Definition of spam
1. 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, in violation of the ePrivacy Directive (2002/58/EC) and applicable national implementing legislation. 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. SendExpert adheres to the requirements of the General Data Protection Regulation (GDPR), the ePrivacy Directive, and all applicable EU and Estonian anti-spam legislation.
Bases of recipients of bulk distribution of messages
1. “Recipients” mean the intended recipients of bulk distribution that the User of the SendExpert Service plans to carry out.
2. E-mail 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:
  1. Using the subscription form of the website (where recipients voluntarily leave their e-mail address or telephone number for subsequent receipt of messages of the User of the SendExpert Service);
  2. By loading e-mail addresses or telephone numbers from .TXT, .CSV, .XLS or .XLSX files;
  3. By adding e-mail addresses or telephone numbers;
  4. By entering e-mail addresses or telephone numbers via API.
3. In all cases the User of the SendExpert Service must have permission of recipients of messages for use of their personal data.
  1. 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.
  2. 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.
  3. 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 e-mail 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.
  4. SendExpert strongly recommends the use of double opt-in (confirmed opt-in) for all new subscriptions. Double opt-in requires the recipient to confirm their subscription by clicking a verification link sent to their email address. This method provides the highest level of consent evidence and is considered best practice under the GDPR. In certain EU member states (e.g. Germany, Austria), double opt-in is effectively required by case law and regulatory guidance.
4. In some cases, for the purposes of checking 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.
5. 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 e-mail 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.
Consent records and documentation
1. The User must maintain verifiable records of consent for each recipient in their bulk distribution list. Consent records must include, at a minimum:
  1. the date and time the consent was given;
  2. the IP address or other identifier of the consenting party;
  3. the version of the consent form or subscription page used at the time of consent;
  4. the specific text of the consent statement presented to the recipient;
  5. the method of consent (e.g. web form, paper form, verbal).
2. The User must be able to demonstrate valid consent upon request from SendExpert, from the supervisory authority, or from the data subject. Failure to provide adequate proof of consent may result in suspension of the User’s account.
Content of messages sent to recipients
1. 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.
2. The User must have a possibility to clearly identify the sender of the message. Commercial electronic messages must include the full name and valid physical postal address (or registered office address) of the sender or the entity on whose behalf the message is sent, in accordance with the ePrivacy Directive and applicable national legislation.
3. 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.
4. 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 e-mail and SMS distribution of the SendExpert Service.
E-mail address of the User
1. The User of the SendExpert Service must state his or her true e-mail 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.
Email authentication and deliverability requirements
1. The User of the SendExpert Service must ensure that proper email authentication is configured for all sending domains. The following authentication protocols are mandatory:
  1. SPF (Sender Policy Framework) — a valid SPF record must be published in the DNS of the sending domain to authorise SendExpert servers to send emails on behalf of the User.
  2. DKIM (DomainKeys Identified Mail) — the User must enable DKIM signing for all outgoing messages by adding the required DKIM records to the DNS of the sending domain.
  3. DMARC (Domain-based Message Authentication, Reporting and Conformance) — the User must publish a DMARC policy record in the DNS of the sending domain. A DMARC policy of at least "p=quarantine" is recommended.
2. The User must maintain a spam complaint rate below 0.3% across all campaigns. If the complaint rate exceeds this threshold, the Company reserves the right to suspend the User’s bulk distribution capabilities until corrective measures are taken.
3. SendExpert monitors deliverability metrics and may require the User to take corrective actions if authentication failures, high bounce rates, or elevated complaint rates are detected.
Cancellation of the subscription by the subscriber
1. Every message sent by the User must automatically include a clearly visible and functional unsubscribe mechanism, which cannot be deleted or obscured. In addition to a visible unsubscribe link in the message body, all bulk email messages must include a List-Unsubscribe header (in accordance with RFC 2369 and RFC 8058) enabling one-click unsubscribe functionality. This is required by major email providers (including Gmail and Yahoo) and ensures compliance with GDPR Art. 7(3) regarding the right to withdraw consent. The unsubscribe mechanism shall process opt-out requests without undue delay.
2. 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.
3. 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.
Prohibited actions
1. It is forbidden for the User to use the SendExpert Service for distribution of spam.
2. The contact details (e-mail address, website address) of the SendExpert Service cannot be included in the texts of the messages sent by the User or landing pages.
3. It is forbidden for the User to use the SendExpert Service for distribution of messages regarding the following goods or services:
  1. Dating services, escort services;
  2. Drugs, products for private body parts, prescription drugs, counterfeit drugs;
  3. 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.;
  4. Trade at stock markets and exchanges, or message boards;
  5. MLM companies, network marketing, financial pyramids;
  6. Partnership marketing, as well as business based on sale fee;
  7. Assistance and optimisation of credit debts, debt collectors;
  8. Unregulated dietary supplements (food-based, plant-based, vitamin-based) marketed with unsubstantiated health claims;
  9. List of brokers or rental services;
  10. Goods prohibited for distribution, pirate software or media;
  11. Cryptocurrency, unregulated financial instruments, initial coin offerings (ICOs) or token sales;
  12. Gambling, online betting, or lottery services;
  13. Tobacco products, e-cigarettes, or vaping products;
4. 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:
  1. 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 e-mail and SMS bulk distribution via the SendExpert Service;
  2. withholding of funds from the account of the User for reimbursement of losses of the Service;
  3. 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
1. Any person who believes that he or she received a spam message via the SendExpert Service, can inform the Company thereof in the “Report Spam” section on the website.
2. If the complaint is not resolved to the satisfaction of the complainant, they may also file a complaint with the Andmekaitse Inspektsioon (Estonian Data Protection Inspectorate) at www.aki.ee or with the competent supervisory authority in their country of residence.
3. SendExpert’s anti-spam practices are subject to the Estonian Electronic Communications Act (elektroonilise side seadus) and the Information Society Services Act (infoühiskonna teenuse seadus), in addition to the ePrivacy Directive and GDPR.

Last updated 11.03.2026

Product

Legal

Support Center

Community