Anti spam policy

Spotler’s anti-spam policy aims to ensure that Spotler users prevent emails from being sent unsolicited or perceived as such by recipients at all times.

What constitutes as spam?

Sending spam is prohibited under Article 11.7 of the Telecommunications Act. The Consumer and Market Authority (formerly OPTA) independently monitors compliance with this law. From 2012, the new Email Code is valid, which will also become part of the Dutch Advertising Code. Enforcement will, therefore also take place by the Advertising Code Committee. To start with, it is important to have a clear definition of spam.

Together with our Dutch industry colleagues, we use the following definition for spam: “Spam is the bulk sending of unsolicited e-mail”. Where ‘bulk’ stands for ‘large quantities’ and ‘unsolicited’ stands for ‘no consent given’.

Spotler and spam

Although spam is defined as being related to bulk (large quantities), we believe that the quantity per mailing sent does not matter. We also consider smaller mailings where no permission has been given to mail to be spam. Most importantly, we find that permission to send e-mails has been given according to an opt-in process. If someone has not proactively given that permission, you may not mail that person. We also believe in permissions. You should have different permissions for different news services. An informative e-mail or a service message differs from an action mailing or an offer. This is why we work with permissions.

Who are you allowed to contact within this anti-spam policy?

Anyone who receives an email from Spotler’s software must have given the sender clear and verifiable permission to do so. This can be done in the following ways:

• A sign-up form or pop-up on the sender’s website/in the webshop, where the recipient has signed up through an opt-in process, clearly indicating with what frequency the e-mail address will be used and for what purposes (permission).
• A box checked by the recipient on a form. This box may only be pre-ticked in order processes. It must clearly indicate that the recipient gives permission to be contacted about a specific subject. Consent is not obtained via a statement in the General Terms and Conditions or a Privacy Statement.
• When obtaining data through an offline action (at a trade fair, on the phone, handing over a business card or in-store), the recipient must have been made clear that his or her email address will be used for online news services from the sender and must have given consent to this by ticking a box on a reply card or by explicitly stating that the recipient wants this.
• Customers who have purchased from the sender within the past year may also be mailed. However, it must then have been made clear during the purchase that the e-mail address can be used for online news services related only to the sender’s or similar products.

How do you make sure you avoid the appearance of spam?

Apart from ensuring that every email sent from Spotler’s software is sent to recipients who have given their prior consent, the email itself must contain at least the following

• The true identity of the sender, including a valid email address. A no-reply address is not allowed.
• The true identity and contact details, including a valid postal address, of the person on whose behalf the e-mail was sent.
• A clearly visible reference to a simple, functioning unsubscribe process that immediately and permanently removes the recipient from the mailing list.

Acting in violation of our anti-spam policy?

If Spotler has reason to believe that actions are being taken in violation of this anti-spam policy, Spotler reserves the right to take immediate action. This may include pausing or terminating an ongoing campaign until clarity is obtained on the cause of the complaint. Spotler is entitled to deny users the Spotler software in case of violation of the anti-spam policy.

Changes to the anti-spam policy

Spotler reserves the right to modify this anti-spam policy. Any changes will be implemented on this page. The most recent changes are dated 11 November 2017.

For questions about this anti-spam policy, don’t hesitate to get in touch with Spotler.