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Acceptable use

LAST UPDATED: 15-07-2021

Every Spotzee account user must follow this policy. Failure to do so will result in account suspension and termination of your account. See Prohibited Content page for further details on what we prohibit.

What do we mean by acceptable use?

We work hard to keep our system clean, but we count on our customers to pitch in too. You may not:

  • Send Spam. By “spam,” we mean the definition on the Spamhaus website. In short, spam is “unsolicited bulk email.”
  • Put into your Email any material that wasn’t created by you, provided for you to use, or that would violate anyone’s rights. That includes text, photos, graphics, and other content.
  • Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
  • Share your password with anyone including your own family or fellow workers
  • Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from our Website.
  • Use any of the software on our Website, or downloaded from the Website, to create a competing product.
  • Set up multiple accounts for any person or entity to send similar content, unless you’re part of a franchise.
  • Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information of any kind.
  • Send transactional messages through Spotzee
  • Send emails through Spotzee that will be delivered to recipients as text, SMS, or MMS messages.
  • Use an outside unsubscribe process.
  • Upload or send to purchased lists, rented lists, or third-party lists of any kind. (Don’t have a permission-based list yet? You can sign up for a Spotzee account, complete the list setup step, and add a signup form to your website to grow your list.)
  • Send content created in Spotzee Marketing through another service.

Spam

As an email service provider, we feel it’s our responsibility to be extra vigilant about preventing spam-related abuse. It’s also in our best interest to keep the system clean, because our reputation and deliverability depend on it. That’s why you may only use Spotzee to send Emails to people and entities that either:

  • Gave you written (including electronic) permission to send Emails to them, have not withdrawn that permission, and:
  • gave you that permission in the past 12 months; or
  • didn’t object to promotional content you sent them in the past 12 months.

Gave you their name and email address in connection with a purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails, and either:

  • purchased something from you or negotiated a purchase from you in the past 12 months; or
  • didn’t object to promotional content you sent them in the past 12 months.

If you send Emails to a list and you get an unusual amount of SPAM complaints, ISPs will start blocking emails from your company. They’ll also ask Spotzee to shut down your account (“ask” is putting it mildly). So if you don’t have proof that every recipient on your list opted-in to receive your emails, or otherwise meets the requirements listed above, then don’t import the email addresses into Spotzee.

Best Practices

Here are some steps you can take to avoid accidentally becoming a spammer or otherwise wreaking havoc on our system:

  • Sending your first campaign to an old list? Some recipients won’t remember you, and they’ll report you for spamming. Remind them who you are and how they got on your list in the first place. Here’s how to reactivate inactive subscribers.
  • Importing from a CRM? Break your list into separate segments or interest groups so you can send relevant content to your customers (“People I met at a trade show,” “People who bought a certain product from us in the past”). Don’t just mix a bunch of different lists and send one “blast” to all of them. And while we’re at it, don’t call it a “blast.”
  • If you’re sending on behalf of clients, educate them about responsible email marketing. They’re depending on you to be the expert. Spotzee’s Resource Library is a great place to start.
  • Before importing a list into Spotzee from your CRM or another database, read and understand our permission rules. Remove any prospects or leads that didn’t explicitly request email marketing from you or otherwise meet the requirements in our Terms. Even if you’re sending email marketing to customers that consented to receive your Email, you’re still required by law to allow them to opt out of your email marketing list (you may need to turn on that feature in your CRM tool).

Thanks for taking the time to read our Acceptable Use Policy. If you follow these guidelines, then you should have smooth sailing with your Spotzee account.

Anti-Spam Policy

By subscribing to the Spotzee Email Marketing Service (hereinafter referred to as “the Service”), the Customer accepts to use it in compliance with the Spotzee Anti-Spam Policy stated below. The use of the Service is also subject to the applicable Privacy Policy, Terms of Service, and Prohibited Content.

Spotzee follows a zero-tolerance spam policy and prohibits users from sending unsolicited emails in any form while using the Service. Spotzee participates in a number of industry initiatives that promote responsible, permission-based email marketing. Please make sure you are familiar with our Anti-Spam rules before sending your email campaigns. In all other things, rules are meant to be broken but in our business we can’t afford to break the rules. We all have experienced how much “spam” emails get on our nerves so lets stop spamming.

Spotzee requires all Customers to comply with the following legal requirements established for commercial email service providers: Unsolicited Electronic Messages Regulations of 2007, (SR 2007/271). The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

  • specifying circumstances from which a recipient may or may not be inferred to have consented to receiving an electronic message:
  • setting out further purposes that exclude an electronic message from being a commercial electronic message under section 6:
  • specifying conditions for the purposes of section 10(c):
  • specifying conditions for the purposes of section 11(1)(f):
  • prescribing the form of a warrant of appointment of an enforcement officer and any particulars that the warrant must contain for the purposes of section 22(2):
  • prescribing the form of formal warnings and specifying the manner in which they must be issued under section 23:
  • specifying the maximum penalty, which must not exceed $2,000 for each civil liability event alleged to have occurred, that may be required under a civil infringement notice under section 26(b):
  • specifying any further information that must be contained in a civil infringement notice under section 26(g):
  • specifying, in accordance with section 27,—
  • the grounds on which an objection to a civil infringement notice may be made; and
  • the information that must be contained in an objection; and
  • the time within which, and the manner in which, an objection must be made:
  • prescribing the form of search warrants under section 52(2):
  • authorizing the enforcement department to enter into agreements or arrangements with overseas enforcement agencies concerning international enforcement of anti-spam legislation, sharing of information between national enforcement agencies, and the pursuit of cross-border complaints concerning spam:
  • providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.

The Act Regulations & Policies extends to the engaging in conduct outside New Zealand by a relevant person to the extent that that conduct results in a civil liability event occurring.

What is a commercial electronic message?

It includes any means an electronic message that—

  • markets or promotes— (A) goods; or (B) services; or (C) land; or (D) an interest in land; or (E) a business or investment opportunity; or
  • assists or enables a person to obtain dishonestly a financial advantage or gain from another person; or
  • provides a link, or directs a recipient, to a message that does 1 or more of the things listed in subparagraphs (i) and (ii); but
  • does not include an electronic message that—
    • provides a quote or estimate for the supply of goods or services if that quote or estimate was requested by the recipient; or
    • facilitates, completes, or confirms a commercial transaction that the recipient previously agreed to enter into with the person who authorised the sending of the message; or
    • provides warranty information, product recall information, or safety or security information about goods or services used or purchased by the recipient; or
    • provides notification of factual information about a subscription, membership, account, loan, or similar relationship involving the ongoing purchase or use by the recipient of goods or services offered by the person who authorised the sending of the message, or the recipient’s ongoing subscription, membership, account, loan, or similar relationship; or
    • provides information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or
    • delivers goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously entered into with the person who authorised the sending of the message; or
    • provides the recipient with information about goods or services offered or supplied by— (A) a government body; or (B) a court or tribunal; or
    • has any other purpose set out in the regulations.

Read the Unsolicited Electronic Messages Act 2007

What is spam?

Spam, also known as junk mail, is an unsolicited bulk email message. Unsolicited means that the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. The term ‘spamming’ refers to transmitting, distributing or delivering any unwanted e-mail correspondence, especially in mass quantities, thru the electronic means of communication.

Verification

Subscribers can be added to the Spotzee account in multiple ways. They may either send a blank email to your account address at spotzee.com or fill out a capture form on your website. Email addresses may also be imported, added via API calls, iPhone or added to the mailing list manually. In such cases, you must have your subscriber’s permission to process their data. You must not send messages to any person that has not expressed their consent to receive such information from you.

Spotzee App will send a new subscriber a message confirming their interest in receiving information from you. Pro Account users may request to disable the confirmation for email and web subscriptions. We recommend “confirmed opt-in” to all users. This efficiently prevents spam complaints and makes the list much more responsive, as subscribers are receiving information they expect. The confirmation email may be customised, so that recipients can easily recognise to which list they subscribe.

Spotzee strictly prohibits users from renting, leasing and/or purchasing email addresses from a third party, as well as from gathering them through surreptitious methods, such as scraping or harvesting. The use of any kinds of automated solutions, software or scripts is strictly forbidden. You may store, manage the data and send electronic information only to those recipients who have expressly agreed to receive such information from you.

Content of Your Messages

The Customer must provide true and accurate information to be used in their email headers, i.e. “From” and “To” data must clearly identify the sender. The subject line must not be deceptive, and thus mislead the subscriber about the purpose and content of the message.

Postal Address

The Customer must provide their true and accurate postal address that will be included in each message footer. The Customer is required to maintain and promptly update this data to ensure it is current, complete and accurate. Spotzee actively monitors all outgoing messages to verify that proper sender’s information is included in the message content.

Removals

Each message sent from a Spotzee account contains an unsubscribe link that cannot be removed. The link automatically updates the mailing list to ensure that a subscriber that has opted out will not be sent any further mailings. The Customer is not allowed to send messages to any individual that had been added to the mailing list, but later unsubscribed from it. Spotzee automatically handles all unsubscribe requests on Customer’s behalf. The list of individuals that have opted out shall be provided in the Customer’s account.

Agreement Violations

The Customer must not use the Service to send any unsolicited and unwanted e-mail correspondence. Neither the spotzee.com email address, nor the Spotzee URL may be included in a bulk message or in a bulk-advertised web page. We reserve the right to issue a warning should the Customer be found spamming or using the Service for any abusive or illegal practices. Appropriate actions, such as terminating Customer’s account without notice or a refund, charging a $500 cleanup fee and/or reporting the Customer and the incident to their ISP and proper authorities shall be taken should the Customer appear to perform or be performing such practices, despite the explicit warning. Without limiting the foregoing, the Customer shall be liable for any loss incurred or damage suffered by any third party should such loss result from noncompliance with the Policy. In such a case, Spotzee shall seek compensation from the Customer.

Spotzee Marketing App trades under Jonah and Associates, LLC and is governed by the terms and conditions listed on its official website. If you believe you have been spammed, please notify contact[at]spotzee[dott]com