Bulk Email Marketing Options
Spam laws in South Africa
In the South African context we are guided by the ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT of 2002 which states the following:
- Any person who sends unsolicited commercial communications/email (UCE) to consumers, must provide the consumer:
- with the option to cancel his or her subscription to the mailing list of that person; and
- with the identifying particulars of the source from which that person obtained the consumer's personal information, on request of the consumer.
- No agreement is concluded where a consumer has failed to respond to an unsolicited communication.
- Any person who fails to comply with or contravenes subsection (1) is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1).
- Any person who sends unsolicited commercial communications/email (UCE) to a person who has advised the sender that such communications are unwelcome, is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1).
What this means for email marketing customers?
You need to have an unsubscribe facility, we provide an automatic unsubscribe link on all emails that are sent via our system. If someone unsubscribes from your mailing list you should never send them further similar emails.
Marketers should also have obtained permission to send email to someone as part of a bulk communication exercise (ie. Sending out to a bulk mail list) and you need to be able to prove how you got that permission (eg. a form, a contract, registration form report, telephone conversation recording, etc). The recipient has to agree to receive electronic communications from you and you need to keep a record of it. Only then can you send them promotional communications.
This law doesn't mean you can't ever send anyone an unsolicited email. For instance, emailing a particular person whose email address is on the website of a company with whom you'd like to do business is not an offence. That is a one-to-one communication that is part and parcel of going about your work. This is effectively "legal spam" however you can and should only send out a single email introducing your company, otherwize it can be considered spam.
How do we deal with abuse complaints?
These matters are taken very seriously by us. When we receive an abuse complaint from an email recipient or Internet Service Provider (ISP), or spam list report, we immediately look at the activity of the account holder that generated an abuse report and the messages in question is investigated. We will also send the complaint to you and require a response to explain what happened, where their address was obtained from, etc. In our discretion and where necessary, we then will assist our clients to rsolve the abusive activity or suspend/terminate the offending account. HostworX/Xtremeexposure reserves the right to suspend and/or terminate bulk mailing accounts at any time, according to our terms and conditions.
Unacceptable content or abuse of our systems, whether you had permission to send a mail or not, is not permitted and accounts will be suspended immediately. Any Content considered to unacceptable, ie Pornography, trading in illegal substances, defamatory remarks, etc will not be tolerated.
"I didn't know" is not a good enough answer - read the terms and conditions of service carefully, by using our systrems, you by default are accepting our terms and conditions
Let us, help you!
If you're unsure about certain issues or anything for that matter, rather communicate with our consultants before you embark on your email marketing strategy. We want our clients to be able to send email without being blacklisted or being blamed as a spammer. By following this strategy, we can ensure that you market to a wide audience while ensuring you comply with the legislation. Follow our advice you'll be well on your way to e-marketing success!
Where can you get legal advice?
If you feel you would like an expert opinion, you can contact legal firm that is leaders in the field in South Africa. www.chettylaw.co.za
Download Legislation Documents:
* ECT Act (South Africa)
* RIC Act (South Africa)
* Report abuse of the Xtremeexposure system
Support options are offered via telephonic support / email support / online ticketing system.
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