14 min article

Email Marketing Policy

This Email Marketing Policy is effective from 13 May 2020. See the previous version of the Email Marketing Policy.

In this Email Marketing Policy:
1.

General

1.1

This email marketing policy (“Email Marketing Policy”) governs the use of our email marketing service (“Trepmail”) by Users or any other Users authorized by you. The policy also governs the sending of any irrelevant or unsolicited messages indiscriminately over the Internet to Contacts, for the purposes of, among other things, advertising, phishing and spreading malware, and may be sent to Contacts who have not granted their permission for receiving such communications (“Spam”). The policy will be applicable to you and Contacts of any electronic communication sent by you through Trepmail. The Email Marketing Policy must be read in conjunction with the Terms of Use, the Privacy Policy and the Policies.

1.2

The Email Marketing Policy governs the acceptable use of Trepmail, including best practices for preventing Spam, prohibited and restricted Content and Content infringing third-party intellectual property. This policy will also detail consent requirements and govern personally identifiable information (“PII”) that can identify a person uniquely, or quasi-identifiers (e.g., race) that can be combined with other quasi-identifiers (e.g., date of birth) to successfully recognize an individual uploaded to Trepmail.

1.3

You may send electronic mail to your Contacts by entering the name and email address manually, uploading Contacts or importing Contacts from other services. All electronic communications must be categorized as either promotional or transactional.

2.

User obligations

2.1

While using Trepmail, you are restricted from:

(a)

Accessing or using Trepmail or the Platform, except as permitted in accordance with applicable law and the Policies;

(b)

Using any computer systems, technology or other similar items for interfering with or disrupting the integrity or performance of Trepmail or the Platform by excessively burdening the bandwidth of the Platform;

(c)

Hacking, violating, gaining unauthorized access or denying authorized access, including through viruses, other contaminants and computer attacks like distributed denial-of-service (DDOS) attacks to Trepmail or the Platform. This applies to activities including scanning, and penetration testing undertaken for the purposes of testing the vulnerability and probing of Trepmail or the Platform;

(d)

Using Trepmail or the Platform for encouraging or facilitating any illegal activities;

(e)

Purchasing, leasing or renting email addresses from third parties as a part of the Distribution List; and

(f)

Conducting any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity by means of or in relation to Trepmail.

2.2

You must ensure that while using Trepmail you will:

(a)

Employ reasonable efforts to prevent unauthorized access to or unauthorized use of Trepmail and the Platform;

(b)

Notify us if you have any knowledge of such unauthorized access or use, or attempt thereof, of Trepmail and the Platform;

(c)

Keep your User Account contact information updated and respond promptly to any communication from Trepup;

(d)

Obtain consent and allow provision for withdrawal of consent in accordance with the Email Marketing Policy while sending electronic communication, in addition to storing or managing data of Contacts; and

(e)

Ensure that the communication and/or Content in the electronic communication is in accordance with the Content Policy and Policies.

2.3

You must not upload, modify or transmit any User Content through Trepmail or the Platform that violates the Content Policy, Intellectual Property Policy, Brand Protection Policy, Product Listing Policy, Prohibited and Restricted Items Policies and any applicable law.

2.4

You agree and acknowledge that your usage of Trepmail and/or User Content is subject to the following intellectual property restrictions:

(a)

You must not remove or alter trademark, logo, copyright or other proprietary notices or labels from the Platform or electronic communication sent through Trepmail, if any;

(b)

You must not copy, frame or mirror any part of the content on Trepmail and the Platform, other than in connection with your permitted use or internal business purposes;

(c)

You must not create derivative works based on any specific design, structure or other aspect of Trepmail and the Platform;

(d)

You must not reverse engineer, reverse assemble, decompile or attempt to discover or extract the source code, object code or algorithms found at or through Trepmail and the Platform;

(e)

You must not sell, resell, rent or lease access to Trepmail and the Platform or any other service provided by Trepup; and

(f)

You must not access Trepmail or the Platform in order to (i) build a competitive product or service; (ii) copy any features, functions or graphics; (iii) monitor availability, performance or functionality; and (iv) for any other benchmarking or competitive purposes.

3.

Personally Identifiable Information

You are responsible for the nature and content of all data uploaded on Trepmail, including PII of Contacts or third parties. Where such PII is uploaded, you must ensure compliance with the Privacy Policy and applicable law including, without limitation, the GDPR and the SPDI Rules as may be applicable. In the event you fail to comply with applicable law, you must delete the PII from Trepmail. In the event of a change in the applicable data protection laws, you agree that you will work with Trepup and cooperate with us to ensure that all PII is collected and processed in compliance with such changes.

4.

Spam restrictions

4.1

You must at all times act in accordance with the following Spam restrictions:

(a)

You must obtain consent from Contacts and provide a provision for opt-out as specified in Section 4.4;

(b)

You must have a valid physical postal address as part of the electronic communication that you send to Contacts;

(c)

You must not send Spam through Trepmail;

(d)

You must comply with the requirements under the Privacy Policy, Cookie Policy and any other Policies as may be applicable;

(e)

You must not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal from Trepmail on, or through the Platform. You must also not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; and

(f)

You must categorize electronic communication either as “promotional” or “transactional” and conform to such additional requirements as may be applicable to electronic communication which is promotional in nature.

4.2

Electronic communication may be treated as transactional if it consists of content that (a) facilitates or confirms a commercial transaction that the Contact has agreed to; (b) gives warranty, recall, safety or security information about a Product or Service; (c) gives information about a change in terms, account balance information or membership, or subscription or account information as part of an ongoing relationship; (d) provides information about an employee relationship or benefits; or (e) relates to delivery of goods or services as part of an existing transaction. In all other cases, the electronic communication will be considered as promotional.

4.3

While sending electronic communication which is categorized as promotional through Trepmail, you must ensure that it contains a message stating that the electronic communication is promotional in nature.

4.4

Opt-in consent requirements.

You must ensure that the following opt-in consent requirements are met prior to sending electronic communication through Trepmail:

(a)

You must obtain explicit and informed consent from Contacts prior to importing their information as part of the Distribution List.

(b)

Consent information obtained by you from Contacts must include: (i) date and time of sign up; (ii) IP address used to submit the sign-up form; and (iii) URL and language at the time of submission.

(c)

You must obtain consent from Contacts to share their information either within your organization or with third-party entities. You must also provide to each Contact a list of third parties and internal verticals of your organization that will be communicating with the Contact. The communication must state that any third party will not share information with any other third party.

(d)

You may require or enable Contacts to provide consent using a double opt-in method. This allows Contacts to provide permission for receiving electronic communication by clicking on a link received by them in addition to the standard sign-up process. This may be facilitated using a method integrated with Trepmail and enable you to further consolidate consent documentation.

4.5

Opt-out consent requirements.

You must ensure that the following opt-out consent requirements are met prior to sending electronic communication through Trepmail:

(a)

You must ensure that every electronic communication shared with Contacts provides the ability to revoke consent or unsubscribe at any time through a “one click” unsubscribe option. This option allows Contacts to remove themselves from the Distribution List and not receive any future electronic communication. The Distribution List will be automatically updated and the request to unsubscribe from the Distribution List will immediately be honored.

(b)

You are prohibited from sending electronic communication to any Contact who was a part of the Distribution List but has later opted out (or is no longer your Contact or service contact, in case of transactional electronic communication). A summary of Contacts who have unsubscribed will be provided in the Reports section of the User Account.

4.6

You are required to comply with the following applicable law relating to commercial email service providers: Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services and in particular electronic commerce in the Internal Market, together with the Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector.

5.

Trepup’s rights

5.1

We reserve the right to:

(a)

Monitor any User Account or User Content, without notice, including for discharge of legal obligations, as may be applicable;

(b)

Disclose communications between you and your Contacts, without notice, to third parties in compliance with a legal obligation, including, for the purposes of responding to requests from law enforcement agencies in accordance with the Law Enforcement Authorities Request Policy;

(c)

Classify the User Account as inactive in the event the User does not log in to his or her User Account for more than 180 days; and

(d)

Deactivate, temporarily suspend or terminate the User Account for violating the Email Marketing Policy and Policies or for failure to comply with applicable law.

5.2

We will determine if you have sent Spam by:

(a)

Reviewing the User Content of the message in question;

(b)

Reviewing your Distribution List and detecting patterns common to harvested, purchased or rented lists;

(c)

Reviewing any complaints of Spam by Contacts;

(d)

Monitoring the complaint rate;

(e)

Monitoring the total number of complaints, regardless of the complaint rate;

(f)

Reviewing the consent records; and

(g)

Reviewing if any of the following instances are highly repetitive: (i) appearance of one or more IP addresses identified in any of the international blacklists identified by Trepup; (ii) hard bounces received after sending of electronic communication to the Distribution List; and (iii) blacklisting by any hosting service provider.

6.

Contact us

For further information regarding the Platform and Trepup Services, or if you believe you have been receiving Spam through Trepmail, please contact us at:

Trepup.com AG Attn: Legal Affairs Dorfstrasse 16 6341 BAAR SWITZERLAND

Previous Email Marketing Policy

This Email Marketing Policy was effective until 12 May 2020.

This Email Marketing Policy forms an integral part of Trepup's (hereafter "Trepup", "we" or "us") policies which govern your access to and use of Trepup's products, including without limitation the use of the content on Trepup's website, products and services (collectively the "Products", each a "Product").

The use of our Products is also subject to the Terms of Use, the Privacy Policy and other policies (collectively the "Policies"). By using our Products, you (hereafter "User" or "you") agree to use them in accordance with the Policies.

Please go through this Email Marketing Policy in detail, and contact us if you have any questions or require any clarifications.

Trepup has a zero-tolerance spam policy. You must not use our email marketing service (hereafter "Trepmail") to store or transmit spam, which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications. You must not send any spam to any person using any email address or other contact details made available through Trepmail or that you find using Trepmail. You are prohibited from sending unsolicited emails in any way while using our Products. By using Trepmail, you agree to the rules set out in this Email Marketing Policy.

1.

What is spam?

"Spam" or "junk mail" stands for unsolicited, usually commercial email messages. Spam is irrelevant or unsolicited messages generally indiscriminately sent over the Internet, typically to many recipients, for the purposes of, among other things, advertising, phishing and/or spreading malware. "Unsolicited" means that the individual receiving the message has not requested, or granted permission for sending, such message. "Spamming" relates to providing, transferring or sharing unwanted email messages electronically, particularly on a large scale.

2.

How to use our Email Service

You must obtain your recipient’s (your "Contacts") consent to processing their Personal Data (for further details concerning Personal Data, refer to the Privacy Policy). It is illegal to send an email message ("Email Newsletter") to any person without their express consent to receiving the Email Newsletter. Such consent must be explicitly provided on an informed basis and may not be presumed from statements of other content. Your Contacts may, at any time, withdraw their consent.

By using Trepmail, you can create an Email Newsletter and add a mailing distribution list ("Distribution List") with your Contacts. There are various possibilities to add your Contacts to your account ("User Account"). For instance, email addresses can be manually added to create the Distribution List or imported via your email service provider. You can also organize and manage your Contacts by creating a new or updating your existing Distribution List.

You are strictly prohibited from purchasing, leasing and/or renting email addresses from third parties by means of or in relation to Trepmail. You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to Trepmail. You may send electronic communication to and store or manage the data of such recipients who have provided their express consent only. You acknowledge that we may actively monitor your activities and use of Trepmail.

Trepup does not have any direct relationship with your Contacts or other individuals you provide us information with. It is your sole responsibility to obtain the explicit consent of your Contacts regarding the use of our Products in accordance with applicable laws and regulations.

3.

Everyone is free to leave at any time

Every Email Newsletter sent from a User Account contains a one-click unsubscribe option. This option allows your Contact to remove themselves from the Distribution List and consequently to not receive any future Email Newsletters. The Distribution List is automatically updated. The request to unsubscribe from the Distribution List is immediately honored from the date of request.

You are prohibited from sending an Email Newsletter to any individual that was added to your Contact List but unsubscribed later. A summary of your Contacts that have unsubscribed will be provided in the Reports section of Trepmail.

4.

Rules for using Trepmail

You will only use Trepmail by respecting this Email Marketing Policy, the other Policies and our proprietary rights. You must not use Trepmail in any way that causes, or may cause, damage to Trepmail or impairment of the availability or accessibility of Trepmail. You further must not use Trepmail in any way that is unlawful, illegal, fraudulent or harmful; or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including the following:

(a)

To promote or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, "get rich quick" schemes or similar letters, schemes or programs.

(b)

To promote gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

(c)

You must not link to any material using or by means of Trepmail that would, if it were made available through Trepmail, breach the provisions of this Email Marketing Policy.

4.1

Unlawful Content

Any material in written form (including codes) stored, provided, transmitted or otherwise used by means of or in relation to Trepmail ("Content") must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). You must ensure that your Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

Your Content must not:

(a)

Be libelous or maliciously false.

(b)

Be obscene or indecent.

(c)

Infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right.

(d)

Infringe any right of confidence, right of privacy or right under data protection legislation.

(e)

Constitute negligent advice or contain any negligent statement.

(f)

Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity.

(g)

Be in contempt of any court, or in breach of any court order.

(h)

Constitute a breach of racial or religious hatred or discrimination legislation.

(i)

Be blasphemous.

(j)

Constitute a breach of official secrets legislation.

(k)

Constitute a breach of any contractual obligation owed to any person.

4.2

Graphic material

Your Content must be appropriate for all persons who have access to or are likely to access your Content, and in particular for young adults over 16 years of age.

Your Content must not depict violence in an explicit, graphic or gratuitous manner.

Your Content must not be pornographic or sexually explicit.

4.3

Factual accuracy

Your Content must not be untrue, false, inaccurate or misleading.

Statements of fact contained in your Content and relating to persons (legal or natural) must be true. Statements of opinion contained in your Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.

4.4

Negligent advice

Your Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use Trepmail to provide any legal, financial, investment, taxation, accountancy, medical or other professional advisory services. Your Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.

4.5

Harmful software

Your Content must not contain or consist of, and you must not promote or distribute by means of Trepmail, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.

Your Content must not contain or consist of, and you must not promote or distribute by means of Trepmail, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

4.6

Etiquette

(a)

Your Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the Internet.

(b)

Your Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.

(c)

Your Content must not be liable to cause annoyance, inconvenience or needless anxiety.

(d)

You must not use Trepmail to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.

(e)

You must not use Trepmail for the purpose of deliberately upsetting or offending others.

(f)

You must not unnecessarily flood Trepmail with material relating to a particular subject or subject area, whether alone or in conjunction with others.

(g)

You must ensure that your Content does not duplicate other content available through Trepmail.

(h)

You must ensure that your Content is appropriately categorized.

(i)

You should use appropriate and informative titles for all your Content.

(j)

You must at all times be courteous and polite to other users of Trepmail.

5.

If you spam, what happens?

We provide our Products only to Users who follow our zero-tolerance spam policy.

If we discover that you are sending Email Newsletters to people without their permission or using our Products for any other illegal or abusive purposes, we reserve the right to terminate your User Account without notification and/or reporting you and the incident to the respective Internet service provider and proper authorities, with or without notice, at our sole discretion and subject to mandatory provisions of law. Without limitation to the foregoing, you are solely liable for any loss incurred or damage suffered by Trepup or any third party if such loss results from violating this Email Marketing Policy.

If you believe you have been spammed, please contact us.

6.

What specific laws do you need to follow?

You are requested to comply with the following legislation established for commercial email service providers: Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000 on certain legal aspects of information society services, in particular, electronic commerce, in the Internal Market ("Directive on Electronic Commerce"), together with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector ("Directive on Privacy and Electronic Communications"), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("GDPR") and all other applicable laws in your country of residence.

7.

How are changes to this Email Marketing Policy made?

We may update this Email Marketing Policy from time to time, and if we do, we will post any changes on this page. If we believe that a revision is material, we may notify you. We further reserve the right to determine the most appropriate manner of providing notifications to you, and you agree to receive notices electronically if we so choose. You are advised to review this Email Marketing Policy periodically. Your continued access or use of Trepup once a revision becomes effective will mean that you accept the revised policy and agree to be bound by such policy. If you do not agree to the revised policy, please stop using our Products.

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