Anti Spam Policy

This Anti Spam Policy constitutes an essential condition for the use of the Sendmachine platform for sending messages to subscriber lists and is intended to prevent the transmission of unsolicited communications.

The Customer shall not use Sendmachine to send unsolicited messages ("Spam"), whether via email or SMS, whether for commercial or non-commercial purposes. Messages contained in the Client's database shall be considered unsolicited if recipients have not provided their explicit consent to receive such communications. If the Client has obtained email addresses or phone numbers through methods such as purchasing lists, automated collection ("harvesting"), or any other method that does not involve the direct and voluntary subscription of recipients, any messages sent to such recipients shall be deemed unsolicited.

In the event that complaints are received regarding unsolicited communications, Sendmachine reserves the right to suspend the Client's services until the full reconfirmation of the subscriber list has been completed.

Prohibited Uses

1. Sending messages containing invalid or non-existent sender or reply information ("From", "Reply-To"). All messages must include valid identification and contact details, and the Client must respond to recipient communications, including unsubscribe requests.
2. Using contact databases or lists (email addresses or phone numbers) without prior consent from recipients.
3. Sending unsolicited messages to individuals with whom the sender has had no prior interaction and who have not consented to receive such communications.
4. Using purchased, rented, or third-party contact lists.
5. Using third-party email addresses, phone numbers, identities, or domain names without authorization.
6. Sending messages to generic addresses such as admin@domain.tld, webmaster@domain.tld, postmaster@domain.tld, hostmaster@domain.tld, abuse@domain.tld.
7. Sending messages that generate an excessive number of complaints or are frequently reported as unwanted.
8. Failing to include a clear and functional unsubscribe or opt-out mechanism.
9. Failing to honor unsubscribe requests within 10 days of receipt.
10. Concealing, falsifying, or manipulating sender identity, message origin, or content.
11. Failing to include valid sender identification, such as a valid email address, physical mailing address, or a link to such information.
12. The Client is further prohibited from:
    • 12.1 Harassing, threatening, or causing distress to any individual or legal entity;
    • 12.2 Transmitting sexually explicit or otherwise offensive content;
    • 12.3 Sending illegal, harmful, abusive, defamatory, obscene, or discriminatory content;
    • 12.4 Impersonating another person or entity or using a false identity.
13. Sending messages to contact lists with which the Client has had no interaction in the past 2 years, without obtaining renewed consent, is strictly prohibited.

Monitoring and Enforcement

We continuously monitor the use of our services. For email campaigns, if we detect a rate higher than 0.25% of messages reported as spam or a 3% bounce rate (invalid addresses), we reserve the right to temporarily suspend message sending.

For SMS campaigns, we monitor delivery rates, and if a 3% undelivered rate (invalid or non-existent phone numbers) is detected, Sendmachine reserves the right to suspend message sending until the contact lists are verified.

Permitted Uses

• Contact details were obtained via a newsletter or SMS subscription form;
• Contact details were obtained in the context of a customer order or an existing commercial relationship;
• Contact details were provided through an online or offline registration form where the user opted in to receive communications.

Subscriber Confirmation

The Client is required to use a double opt-in subscription method for all new subscribers. This involves both the initial subscription and a subsequent confirmation of the subscriber's intent to receive communications.

Confirmation messages sent via email or SMS must not include promotional content or calls-to-action, except for the confirmation request itself.

If the Client imports contacts that have not completed the full confirmation process or includes promotional content in confirmation messages, the Client assumes full responsibility for the use of such contact lists.

In the event of complaints, Sendmachine reserves the right to take measures as described in this Anti Spam Policy.

Unsubscribe Requirements

All messages must include clear and accessible unsubscribe instructions. For email messages, unsubscribe instructions must be clearly visible in the footer. For SMS messages, a clear opt-out mechanism must be provided.

List owners must respond promptly and courteously to unsubscribe requests and must not ignore such communications.

Regardless of the tone of the request, the Client must make all reasonable efforts to process the unsubscribe request and resolve the issue in a timely and appropriate manner.

Contact Lists

The Client may not use the Sendmachine platform to send messages to contact lists created solely for a one-time campaign and subsequently replaced.

Contact lists must be maintained as ongoing, legitimate databases, where contacts are added or removed appropriately. Recipients must have the ability to subscribe or unsubscribe where applicable.

The Client is responsible for maintaining accurate and up-to-date contact lists and for ensuring compliance with applicable laws and Sendmachine policies.

Violations

In the event of a breach of this Policy, Sendmachine reserves the right, at its sole discretion, to suspend or restrict access to its services and to delete the Client's contact lists from its servers.

Sendmachine may also terminate the Client's right to use the platform for sending email or SMS messages.

The Client remains fully responsible for the management and use of its contact lists and for compliance with applicable communication laws.

Privacy Commitment

Sendmachine is committed to respecting the privacy and confidentiality of both the Client and the recipients of its communications.

All communications and data processed through the Sendmachine platform are treated with strict confidentiality.

To protect its data and interests, the Client is strongly advised not to disclose or share contact lists or subscriber databases with third parties.