Unsolicited commercial email must not be sent.
Commercial Email: Commercial email must not be sent to an
individual's e-mail address unless one of the following
situations exists: There is an existing business relationship;
or Prior informed consent of the individual has been obtained.
Content of Commercial Email: Every commercial email must include
an opportunity for the recipient to unsubscribe from receiving
such email in the future. Such requests to unsubscribe must be
processed promptly and the recipient should be informed of the
length of time required for processing.
Commercial email must not include "from address"
fields, subject lines and message bodies that are misleading,
false, or deceptive. Subject lines must not mislead as to the
content and purpose of the message.
Gathering of Email Addresses: Email addresses must not be
gathered through surreptitious methods (e.g., scraping or
harvesting).
Definitions:
Commercial Email: email messages, sent in volume, the primary
purpose of which is the commercial advertisement or promotion of
a product or service.
Business Relationship: A relationship between the sender of an
email message and the recipient. Such a relationship may be
created through the facilitation or completion of a commercial
transaction between the sender and a recipient. A business
relationship may also be created through prior correspondence
initiated
by an individual, including requests for information, responses
to questionnaires or surveys, responses to sweepstakes or
contests, or offline contact.
Informed Consent: A mechanism through which an individual is
clearly and fully notified of the collection and use of an email
address and has consented prior to such collection and use.
Informed Consent may be implemented in the following
Opt-in: At the point of email address collection, a person has
affirmatively requested to be included on an email list to
receive commercial email. No confirmation email is sent and the
person is not required to take further action to be included on
the email list.
Confirmed Opt-in: At the point of email address collection, a
person has affirmatively requested to be included on an email
list to receive commercial email. An email is subsequently sent
to the person, notifying the person that their email address has
been added to the email list. The person is not required
to take further action to be included on the email list.
Double Opt-in: At the point of email address collection, a
person has affirmatively requested to be included on an email
list to receive commercial email. An email is subsequently sent
to the person, notifying the person that some action is
necessary before their email address will be added to the email
list.
Unsubscribe: A mechanism through which an individual may
request that he or she no longer receive commercial email.
Unsolicited Commercial Email: Commercial Email sent
without an existing business relationship or prior informed
consent.
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