Article 1. INTRODUCTORY PROVISIONS.
1. This Anti-Spam Policy defines the minimum standards for the use of Services provided electronically by Vercom to protect the Message recipients from unwanted or unlawful SPAM or Phishing messages.
2. The Anti-Spam Policy is an integral part of the Master Agreement. To the extent not regulated by the Anti-Spam Policy, the other Agreement Documents, including in particular the provisions of the General Terms and Conditions, shall apply.
3. The Message Recipient, who has received SPAM or Phishing, can contact Vercom at [email protected].
Article 2. DEFINITIONS
For the purposes of this Anti-Spam Policy, the following definitions shall apply:
1. SPAM – Any commercial Message sent without the prior, verifiable consent of their recipient;
2. Phishing – any Messages sent by the entity who pretends to be other entity or claims to act on behalf of other entity without any authorisation, aimed at or resulting in obtaining confidential information from the recipient or infecting of its end device with harmful software or bringing the recipient into specific activities;
3. Sending of Messages (also with a small letter) – sending or ordering to send a Message with the use of the Service.
Article 3. SERVICES FOR PROFESSIONALS
In order to minimise the risk of exposure of clients to SPAM or Phishing:
1. The Services Agreement may only be concluded with professional entities – entrepreneurs. Additionally, an entrepreneur who is a natural person may conclude such an Agreement only if it is directly related to his or her business activity and has a professional character for him or her, resulting in particular from his or her business activity, made available on the basis of the provisions on the Central Registration and Information on Business;
2. Sending Messages to actual recipients (outside the Client’s own personal data) may take place only after a positive verification of the Client performed by Vercom.
Article 4. MESSAGES RECIPIENTS
1. The Client shall be fully liable for the lawfulness of sending the Message to a specific recipient. In particular, the Client is obliged to obtain all necessary, prior and verifiable consents in this respect, as well as to register them appropriately. The consent of the recipient must be clear and unambiguous, and may not be implied or derived out of any other content or declaration, in any way. In addition, the recipient must be entitled to a simple, unhindered withdrawal of consent at any time, in a way at least as easy as the way the consent has been granted. Sending messages to recipients who have withdrawn their consent to receive them is prohibited. Vercom shall not be liable for the correctness, lawfulness and the way of collecting consents from the users.
2. Vercom has the right to introduce a non-removable registration link to each Message, enabling the recipient to withdraw the consent to receive Messages.
3. Using publicly available contact data of the recipients, in particular collected from: websites acquired under any title of databases or collected using hidden methods is prohibited. The first sentence shall also apply to contact details of addressees who are entrepreneurs.
4. All kinds of automated solutions, software or scripts for the collection of contact data are prohibited.
5. Vercom shall have the right to verify the sending carried out by the Client in the scope of: the existence of spamtraps, as well as the quantities of bounces after the sending performed by the Client. The negative result of such verification, including the information on breaches of legal requirements concerning the required consents and permits, authorises the Vercom to terminate the Master Agreement with immediate effect.
Article 5. CONTENT OF THE MESSAGES
1. The Client is obliged to include in the Messages true and accurate information regarding the sender and the subject. It is forbidden to indicate the sender or the subject of the Message in a misleading way or even suggesting the facts other than true.
2. It is forbidden to use an alphanumeric message branding of SMS / MMS content that may mislead the addressee about the identity of the sender, in particular unauthorised use of names, names of institutions, companies and trademarks.
3. It is forbidden to send messages of any content that is contrary to the law, calling for acts that are illegal, discriminatory, insulting or offensive to third parties, incitement to hatred, vulgar or pornographic.
4. It is forbidden to send SPAM or Phishing Messages.
5. The Client is solely responsible for the content of the Messages sent. Vercom shall not be liable for the content sent by the Client within the use of the Service.
Article 6. MAILING POLICY
1. The Client is obliged to take care of the database intended for sending the Messages (i.e. in particular for verifying data validity, removing data that are duplicated, obsolete, incorrect or inactive, appropriate data segmentation, etc.) and maintaining statistics of sending EMAIL Messages below the permissible anti-spam thresholds of Vercom mentioned in section 2. In the event of exceeding the thresholds specified in section 2 above, Vercom is authorised to suspend or close the Account. Vercom will contact the Client prior to suspension or closure of the Account in order to explain the reasons of its decision, unless the risk associated with further handling of sending is considered critical to the security of the Vercom services. Suspension or termination of the Account is the ground for termination of the Agreement by each of the Parties for reasons attributable to the Client.
2. Vercom applies acceptable anti-spam thresholds in accordance with the table below. Thresholds are calculated as the percentage share of EMAIL Messages with a specified status in comparison with all EMAIL messages sent from a given Account within 24 hours.
|Sent EMAIL Message Status||Permitted Vercom anti-spam thresholds|
|Spam Complaints||≤ 0.1%|
|Unjustified abuse complaints||< 1|
EMAIL Messages Explanatory Notes:
a. Hardbounces – when EMAIL Message has not been delivered as the address or domain does not exist or the recipient blocks the delivery of EMAIL Messages;
b. Spambounces – when EMAIL Message has been classified as spam in the recipient’s mailbox;
c. Spam Complaints – when the recipient of the EMAIL message has marked it as spam;
d. Unjustified Abuse Complaints – when the recipient of EMAIL reports that the sender contacts it without the required consent.
Article 7. FINAL PROVISIONS.
1. The Client shall be fully and solely responsible for the compliance of the sending of the Message with the applicable law, the Agreement and the rules specified in the Anti-Spam Policy. If the Vercom is to bear any liability (civil, administrative, criminal or other) resulting from the Client’s breach of the obligations specified in the first sentence, the Client shall be liable to Vercom on the basis of recourse for any damage, including lost profits resulting therefrom.
2. In the event of a breach by the Client of any of the obligations specified in the Anti-Spam Policy, Vercom is entitled to terminate the Master Agreement with immediate effect.