Our clients certify that they will use our services only to send messages (including, without limitation, text messages and commercial emails) to customers and prospects that have expressly consented (opted-in) to receive them. Our clients are forbidden to transmit unsolicited text messages or commercial email (spam) via our system. ExactTarget does not buy or sell email or phone number lists, nor do we allow our clients to use purchased or harvested email or phone number lists (see below).
Additionally, for email messages, ExactTarget offers confirmed opt-in as an optional tool for our clients to use to help minimize allegations of spam and abuse. When a list is designated as "confirmed opt-in," ExactTarget's system automatically sends a follow-up email message to each subscriber on such lists asking the recipient to verify that they wish to receive communications via email message. Only those subscribers responding affirmatively will be opted-in to future mailings/messages sent via the ExactTarget system. For text messages, ExactTarget offers a “double opt-in” functionality that our clients can use to confirm their subscribers’ agreement to receive text messages from them. It is our clients’ responsibility to ensure that any legally required disclosures are provided to their customers and prospects at the time and in the manner required by any applicable law.
We additionally require that clients reconfirm (permission pass) or stop mailing/messaging an existing list when it is determined to be in violation of our anti-spam policies. Repeated violations or failures to comply with our policies may result in termination of that client's access to the ExactTarget system. If an industry or government group creates a list of email addresses, telephone numbers or other addresses whose status has changed--such as email addresses added to a “do not contact” list or telephone numbers that have been assigned to a new user--ExactTarget reserves the right to block messages from being sent to those addresses/numbers. However, the responsibility for ensuring compliance with any obligation to refrain from sending messages to such addresses/numbers rests with our customers. ExactTarget shall not be liable either for blocking or for any failure to block messages to such addresses or phone numbers.
Our clients agree not to send text messages or commercial emails via our system unless the recipient has opted-in to receive such messages from the client in the manner required by any applicable law. For any opt-in list of email addresses or phone numbers used in ExactTarget's system, clients agree to provide us with the source of the addresses/numbers, the method used for recipient opt-in, and details surrounding the process used, and whatever other information relates to the transaction or sign-up process used. This includes, but isn't limited to, date and time of sign up, IP address of signup, website signed up from, disclosures provided in connection with the signup, manner of obtaining agreement, and whatever other information the client asked of the recipient at point of sign up.
Our clients certify that they will not use rented, traded, or purchased lists, email append lists, or any list that contains email addresses/phone numbers captured in any other method than express, client-specific opt-in when using our system to send text messages or commercial emails. The use of opt-out lists for such communications is prohibited in our system. ExactTarget retains the right to review client lists and emails/text messages to verify that clients are abiding by the privacy and permission policies set forth herein. Our clients are required to comply with our policies and all applicable laws.
You should only receive commercial emails and text messages sent through our system that you have agreed to receive from our clients. Our clients certify that all email addresses and phone numbers used in our system for text messages or commercial emails are opt-in contacts for people who have given permission to our clients to send them emails and/or text messages. As we indicate above, ExactTarget does not allow nor desire that any client use our services to send unwanted text messages or commercial emails. If you don't recognize who sent you a message, see the next section.
If you don't recognize who used the ExactTarget service to send you a given message, you can report it to us as spam by sending it (or, in the case of a non-email message, by sending an explanation) to firstname.lastname@example.org. We receive, investigate, catalog, and take appropriate action based on complaints we receive. Alternatively, or in addition, feel free to report the message to a spam reporting entity. For example, Spamcop at www.spamcop.net provides an easy way to report unwanted mail as spam. You can also use your email provider's (AOL, Hotmail, Yahoo) "report as spam" mechanism to notify the ISP that the message is spam. ISPs use this information to determine good senders from bad senders, and we regularly work with ISPs to take action based on that data.
Each email sent by our clients through the ExactTarget system is required to contain a link that allows subscribers to easily unsubscribe in an automated way from receiving future emails from the sender. You may also change your expressed interests at any time. If you wish to unsubscribe or change your interests, simply follow the instructions at the bottom of any email. To unsubscribe from future SMS messages sent by a client of ours through our system, follow the instructions provided by the sender within the message, or contact the sender. If that does not work, please let us know by sending an email to email@example.com.
We do not share individual personal information provided to us in our system with a third party that is not involved with us in delivering our service without providing advance notice to our customer who provided it to us, unless compelled to do so by law. We do not sell or rent any such information.
If you have any questions about ExactTarget's Anti-Spam Policy, please contact us at firstname.lastname@example.org.