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Effective starting: January 12, 2020 (view archive)
All capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Terms.
1. Basic overview
Customer may not use the Services to directly or indirectly send, transmit, handle, distribute or deliver: (a) Spam (as defined below); (b) communicate to a recipient obtained via internet harvesting methods or any impermissible electronic collection of address or other information; or (c) communicate to a recipient record that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications.
“Spam” is any commercial communication that is transmitted without the permission of the intended recipient.
2. Obtaining permission
To communicate to anyone using Omnisend Services, you must have obtained their express consent to receive promotional or marketing communications. All recipients must be properly obtained by their consent. This could be done, for example, through:
A. A subscribe form on your web site.
B. An opt-in checkbox. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
3. Inappropriate recipients
In connection with your use of the Services, you agree not to:
harvest or scrape recipient data from third party websites
purchase or rent recipient lists (whether they are opt-in or not), or otherwise use any recipient list containing email addresses and phone numbers for which you did not obtain permission yourself
include a pre-checked field on any subscription form
have a subscription form that subscribes customers to an unrelated list
send out unrelated offers or unrelated content to your recipient list
add a recipient into a list without the recipient’s permission
communicate to a recipient who has requested to be removed from your list
utilize a list older than 12 months without reconfirming the recipients’ consent to receive communication.
4. Opt-out policy
Every communication you send using the Services must include the following:
A. Subscribed to the list recipient’s email address, phone number or any other identification data.
B. True and accurate header, subject and routing information (e.g. “From,” “To,” Reply-To”), which is not in any way misleading
C. An identification the email message is an advertisement, if applicable
D. The name and physical address of the sender as well as current and accurate full legal entity name in communication channels where required by law. If you are sending communication on behalf of your client, you need to include your client’s details instead.
E. An advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its email address or phone number cease with respect to any or all communication purposes
F. Information on one or more methods by which the recipient may notify Customer of its election to unsubscribe, opt out or otherwise demand that use of its information cease with respect to any or all communication purposes
E. A single-click unsubscribe link that instantly removes the subscriber from your subscription list in channels where required by law. No input from the recipient, other than confirmation, should be required. Once they unsubscribe, Customer can never communicate to them again, other than sending final confirmation/reminder regarding successful unsubscribing or necessary confirmed order related communication.
Customer warrants it will comply promptly with all opt out, unsubscribe, “do not call” and “do not send” requests.
The Service will automatically unsubscribe recipients with respect to whom emails are consistently returned as undeliverable.
5. Verification procedures
Omnisend has various layers of approval and monitoring to ensure you comply with our anti-spam policy:
A. The Services are integrated into 3rd party spam reporting systems used by some of the biggest ISP’s and e-mail service providers. If you don’t have permission and someone marks your campaign as spam, we’ll know about it the moment that button is pressed. If you receive a complaint rate greater than 0.1% of all recipients (that’s 10 complaints for every 10,000 recipients), bounce rate greater than 4% of all delivered emails, unsubscribe rate greater than 2%, or “removed” rate greater than 5% you will receive a warning email requesting an explanation and giving you advice. “Removed” rate is a sum of bounce, complaint and unsubscribe rate. Higher levels of complaints and/or bounces will result in accounts being marked as spamming, locked, and/or terminated. Getting two or more warning emails (as described in this Section 5(A)) during 3-month period will result in your account being locked or terminated and all special bonuses like discounts or extra features being removed.
B. Our team might verify email or recipient lists imported into our system.
C. Omnisend monitors internet service provider and email service filter blacklists and the Omnisend abuse warning system all day every day. Omnisend can pinpoint who is causing delivery problems or attracting complaints very easily.
D. If Omnisend notices your mailing list contains one or multiple spam traps, you’ll be asked to clean your list. If you do not clean your mailing list within given period of time, your account will be locked or terminated. A spam trap is an email address traditionally used to expose illegitimate senders who add email addresses to their lists without permission. But they are also set up to identify email marketers with poor permission and list management practices. Omnisend will assist you in cleaning your mailing list with instructions, personal advice from the Omnisend support team and, in some instances, paid service of list cleaning.
If we discover that Customer is sending Spam or breaching any of the rules from this Policy, we reserve the right to terminate Customer’s Omnisend account immediately.
If you have any questions about our anti-spam policy, or if you want to report spamming activity by one of our customers, please contact us:
Attn. Legal department, Verkiu str. 25C, Vilnius, Lithuania