MAILKITCHEN undertakes, in its activities and in accordance with the legislation in force in France and in Europe, to contribute to the fight against the sending of unsolicited e-mails ("Spam" or "Junk Mail").
This Anti-Spam Policy defines these principles and commitments.
1. Definitions"Consent": means the agreement of a user to add his e-mail address to a Mailing List to receive electronic mail messages or e-mails from the User and/or its partners. Consent is collected by a legal mechanism located on the registration page, which specifies a mention according by which the user agrees to receive commercial solicitations on the part of the service.
"Personal data": data allowing in any form whatsoever, either directly or indirectly, the identification of the individuals to whom it applies, whose processing is carried out by a natural person or a legal person.
"Opt in": personal data is designated as opt-in when collected with the explicit permission of the end user, and that can therefore be used by the entity that collected it to send promotional or commercial messages to the person concerned. The concept of opt-in is the starting point for any effective communication and is compulsory on MAILKITCHEN: the recipient must give his permission to be contacted.
"Spam" or "Junk Mail": is an e-mail sent to individuals without their permission.
2. Loyalty of Collection and Consent of the RecipientAny email campaign done through MAILKITCHEN requires that the sender has previously obtained the recipient's prerequisite express authorization or consent (opt-in). The recipients' consent can be expressed via a form subscribing to the newsletter or via checking a box on an online or offline form. The box should not be checked by default and must clearly indicate the theme to which the person is subscribing. You must, at a minimum, propose a simple opt-in that allows individuals to subscribe to your list by entering their e-mail address. From the point of view of deliverability, a double opt-in is preferably recommended, which forces the subscribers to confirm their subscription by a specific action in order to be added to the list (clicking on a confirmation link offered in an e-mail, for example). Double opt-in protects you against fraudulent or involuntary subscriptions, and thus reduces the risk of e-mail bounce backs and the reporting of abusive messages. A message sent thereafter must therefore be commensurate with the theme to which the person has subscribed. Where appropriate, the e-mail sent may be considered as junk mail.
3. Junk MailMAILKITCHEN seeks to fight against spam. Using MAILKITCHEN implies from any User that it certifies to use the service solely for the purpose of sending e-mails to its existing or potential customers who have explicitly expressed their consent to receiving such e-mails. It is up to the discretion of MAILKITCHEN to judge the undesirable nature of an e-mail. In particular, an e-mail may be considered undesirable if its recipient has not clearly and explicitly authorized the sender to send it to him. Any sending of spam via MAILKITCHEN will automatically and without notice result in the exclusion of the User and all of its websites from the network, the immediately cut off of its access to the MAILKITCHEN platform, termination without notice and by right of its contract without that any compensation can be claimed from MAILKITCHEN. In addition, MAILKITCHEN reserves the right to bring civil or criminal actions against the User and to request the reimbursement of all or part of the sums wrongly paid to the User as well as compensation for its damage, if any.
4. Sale or Use of Mailing ListsAs a simple technical service provider, MAILKITCHEN does not provide, does not rent, does not sell, and does not market any mailing list and is strongly opposed to its Users being engaged in such practices. Also, MAILKITCHEN should not be used to send any e-mail intended for an acquired list (bought, leased, borrowed or otherwise), or destined for e-mail addresses collected on websites or other searchable sources. Any person whose online address is published in a directory, an annual or on a business card, does not mean that he accepts to be added to a mailing list.
5. E-mail subject or False Sender AddressThe purpose of the e-mails sent via MAILKITCHEN should not be deceptive and must not mislead its recipient. Exaggerated formulations are to be banned and the message's content must correspond to the recipient's expectations. It is prohibited to send e-mails related to the following activities: gambling, betting, pyramid sales, contents specifically dedicated to adults, pharmaceuticals, opportunistic offers of the "get rich quick" or "financial independence" kind or any activities whatsoever that are contrary to good morals or illegal. No e-mail sent through MAILKITCHEN should contain fraudulent or inaccurate headers and/or sender addresses. In particular, the fields: 'Tr', 'From', 'To', 'Answer to' as well as the associated domain and e-mail address must be accurate and must clearly identify the sender of the e-mail.
6. ContentNo e-mail sent through MAILKITCHEN should contain information:
- Whose content could undermine the image and the reputation of MAILKITCHEN, its clients or affiliates;
- That is not in compliance with the current laws and regulations as well as the rights of third parties and intellectual property rights in particular;
- Containing words or ideas that are racist, defamatory or that would encourage any form of discrimination;
- Whose content is of a violent nature, incites hatred, is profane, pornographic, pedophilic or likely to be prejudicial to public order and morality; or more generally is detrimental to human rights;
- Whose content is linked to drugs and accessories related thereto;
- Allowing the sale of alcohol, tobacco, prescription drugs, weapons or ammunition and/or associated products;
- Whose featured activity (services and/or products) would be of a sexual nature (including items ranging from charm to more explicit content);
- Containing links to other websites such as those listed above;
- Practicing forced click or incitement to click;
- Whose legal form, legal representative and address are not clearly identified.
7. Excessively High Rate of Spam or Bounced emails (no longer living at this address)MAILKITCHEN reserves the right to temporarily or permanently suspend an account in the event that it presents too high a rate of MOVED/Hard-Bounce and SPAM. The same penalty will be applied in the event of a blacklisted IP. In such circumstances, the account holder will be asked to provide evidence that its mailing list belongs to it and that it was legally acquired. During the account's suspension, the subscription is not terminated. In the event that the MAILKITCHEN account holder is unable to prove the provenance of its mailing list as well as the consent of the recipients (Opt-in), proceedings may be brought against it.
8. UnsubscribeValid subscribe/unsubscribe service - Any e-mail sent via MAILKITCHEN shall always include information at the end about inclusion in the sender's mailing lists. The e-mails must include a link allowing the recipient to unsubscribe in order to no longer receive e-mails if he so expresses the wish. This link must be placed in a visible and accessible place allowing any user to instantly identify it and understand its purpose. Also, the sender's website should always provide information on how to subscribe to, or unsubscribe from, a mailing list. The procedure to subscribe and unsubscribe must be simple, real and take only a few seconds. The sender shall also have a strict confidentiality policy set out on its site.
9. Address for Reporting SpamAn option allowing any recipient to unsubscribe as well as a link to report abuse are added by MAILKITCHEN in the footer of the e-mails that any MAILKITCHEN user sends. Any attempt to disable these links will result in immediate suspension of the sender's MAILKITCHEN account. Any recipient who considers that he has received junk mail routed through MAILKITCHEN may contact the MAILKITCHEN moderation team at the address: firstname.lastname@example.org.
10. Identification and Declaration of Collected DatabasesIn accordance with the legal provisions applicable to its activity, each MAILKITCHEN customer user, as part of the collection and use of e-mail databases, undertakes to comply with the laws in force in its country.
11. Legal BasesBy way of illustration, here is a non-exhaustive list of the laws in force in various countries of the world concerning marketing via e-mail:
FRANCE - Article L.34 - 5 of the Post Office and Electronic Communications Code
UNITED STATES – The CAN-SPAM Act: Requirements for Commercial E-mailers
CANADA – Fighting Internet & Wireless Spam Act (Bill C-28)
EUROPE – Privacy & Electronic Communications Directive (2002/58/EC)