CAN-SPAM Policy & Data Verification Guide

Version 8.1 – Effective Date; May 2015

I. SUMMARY

The CAN-SPAM Act:

Requirements for Commercial E-Mailers

The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask email marketers to stop spamming them.

The law, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a Web site. A “transactional or relationship message” – email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship – may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act.

The Federal Trade Commission (FTC), the nation’s consumer protection agency, is authorized to enforce the CAN-SPAM Act. CAN-SPAM also gives the Department of Justice (DOJ) the authority to enforce its criminal sanctions. Other federal and state agencies can enforce the law against organizations under their jurisdiction, and companies that provide Internet access may sue violators, as well.

What the Law Requires

Here’s a rundown of the law’s main provisions:

• It bans false or misleading header information. Your email’s “From,” “To,” and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.
• It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
• It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a “menu” of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.
• Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor’s email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it’s illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.• It requires that commercial email be identified as an advertisement and include the sender’s valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.

Penalties

Each violation of the above provisions is subject to fines of up to $11,000. Deceptive commercial email also is subject to laws banning false or misleading advertising.

II. POLICY – EMAIL MARKETING & LIST

Appending Services

Policy Statement Against Abusive Email Marketing Practices.

Global Zest produces complete end-to-end email marketing campaigns on behalf of clients. Global Zest (hereinafter “Global Zest”) policy is to comply with applicable provisions of federal and state laws governing email solicitation practices. This policy applies to Global Zest and its associates who solicit Global Zest and its customers’ products over the through email.

Global Zest and its associates take the following measures to ensure compliance with laws and regulations against abusive email marketing practices:

• Global Zest email marketing campaigns use accurate “From” and “To” routing information as required.
• Global Zest email marketing campaigns use accurate subject headings, and does not use deceptive or misleading subject lines.
• Global Zest email marketing campaigns give recipients an opt-out method.
• Global Zest email marketing campaigns include a return email address and/or other mechanisms that allow recipients to ask not to receive future email messages to that address.
• Global Zest email marketing campaigns indicate that the message in an advertisement and include a valid physical mailing address.
• Global Zest email marketing campaigns include use of CampaignTracker™. CampaignTracker™ includes a feature that reports on and delivers all opt-out email addresses to the sponsoring client.
• Global Zest opt-out mechanism allows Global Zest and Global Zest affiliates and clients to process all opt-out requests within 30 days, and stop sending additional emails within 10 days.

III. POLICY – DATA VERIFICATION AND CONFIRMATION PROCESS

Policy Statement confirming the data verification timelines.

Global Zest follows best practices to verify the data and confirm the accuracy. Global Zest acquires data through multiple public sources and data partners, then uses it’s data team to do verification and Quality Control. We verify each email address present in our B2B list once in every months using automated mailbox pinging and manual opt-in email verification methods.

Global Zest also tele-verifies all the contact numbers once every Three months using dialers and telemarketers from our offshore call centers. Global Zest replacement policies are included in all the contracts and orders with details of the quality levels we guarantee. Global Zest also works with its partners diligently to maintain the quality levels with in the data elements effectively.

This policy applies to Global Zest and its associates who solicit Global Zest and its customers’ products over the through email.

Published for Global Zest’s internal use and for its clients as a source of information about current developments in the law and Global Zest’s internal compliance policies. This material is for internal circulation only. The material contained herein is not to be construed as legal advice or opinion. Global Zest may revise these terms at any time by updating this publication. You may request for a current copy of the Policy.

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