Self-Regulation Code for the practice of Email Marketing
August 19, 2009 by admin
Email Marketing Practice
Preamble
I - It is not allowed to practice the first shipment to obtain permission from the recipient to send later;
II-For sending attached files must be obtained prior verifiable recipient's specific to the type of file in question;
III - Do not link that goes to contain malicious code, as defined in Article 2, section XV of this Code;
IV - Serving only content in HTML or TXT format, without any resource that can hide, disguise or obscure in any way the original code of the message;
V - Other components of the message, such as images, audio and video should be hosted on servers belonging to companies participating in the process of sending the e-mail marketing or contracted by them;
VI - The Recipient shall provide the sender your Opt-out policy and inform the deadline for removal of your e-mail address of recipients of the base, which can not be greater than 2 (two) working days when requested directly by the unsubscribe link E-mail Marketing and 5 (five) working days when requested by other means, such periods counted from the date of the request proved;
VII - Certification and digital signature are permitted, constitute an exception to every rule narrowly defined in this Code.
VIII - the feature will not be mandatory opt-out when there is agreement between the Sender and the Recipient solely for e-mails with the purpose of ensuring contract enforcement and post-contract relating to that contract (eg bank, notices and statements) .
Art.5 of the sender that you want to send e-mail marketing must disclose on its website the "Privacy and Use of Data" adopted with their customers and users, which should comply with this Code, whose failure will be considered infringement liable to fail as provided for in art.11 of the Code.
Sole Paragraph. The owners of Base Recipient may not disclose or make available to third parties personal information appearing on such bases without the express prior consent of the persons to whom such information relates.
Art.6 The message body should contain, in addition to Sender ID, which enables the use descadrastamento (Opt-out), and this resource should be presented as a link to descadrastamento and at least one alternate contact for same purpose at the discretion of the sender, detached from any link that can be used by the user.
Example:
[Sender Name]
You are receiving this email because you signed up or have a relationship with (the) [Sender name] by e-mail address: [destinatario@exemplo.com.br]
If you no longer wish to receive our emails, cancel its reception here.
If you prefer, contact us through the (a) "phone", "email", "Fax", "Text" letter or "otherwise available to unsubscribe."
Art.7. Additionally, sending E-mail Marketing at the request of partner companies must meet the following requirements:
I - The Base responsible for Recipients with which it has relationships should provide mechanism for membership pursuant to Article 2, Paragraph XII (Opt-in) of this Code, for permission to send Email campaigns Affiliate Marketing;
II - The e-mail address in the "Sender" should be the one through which the person or entity that holds the relationship with the Base Recipients can be contacted by the Recipient;
III - should be available in addition to the resources required unsubscribe under Art.6, 2 (two) other specific alternatives to unsubscribe send Partners, an exclusion for sending E-mail Marketing with the contents of that Partner in particular, whose identification must be clear, and another to the exclusion of sending E-mail Marketing Partner of all of the Sender;
IV - The sender's email address must be valid and use the domain name itself responsible for the Base Recipients.
Art.8 º. Those responsible for web pages may offer its visitors use to send messages with content from the web page visited for Recipients of your relationship, provided that the following conditions:
I - The content to be sent should be chosen by the visitor of the website;
II - The e-mail address of the visitor responsible for sending the message should include:
(A) In the "Sender" (From: / From:), or
(B) clearly and explicitly in the message body, in which case the identity inserted in the "Sender" (From: / From:) should be responsible for the website;
III - In the "Recipient" (From: / To:) will include an e-mail address of the message;
IV - There may be field that allows the visitor to insert comments or other information it deems relevant and on which it will assume responsibility;
V - The process of resource use for sending messages to a recipient by the visitor of your relationship does not create relationship (Soft Opt-in) between the head of the recipient and this web page and does not authorize the sending of any subsequent message to that recipient .
Chapter 4 - THE TECHNICAL REQUIREMENTS OF DISPATCH
Art.9 º. - The sending servers who practice the activity of sending E-mail Marketing, should follow the following technical criteria:
I - Implement SMTP (Simple Mail Transfer Protocol) as reference standards (RFCs) published by the IETF (Internet Engineering Task Force);
II - Maintain an e-mail address in the format "abuse@exemplo.com.br "Sender and Enterprise Email Marketing, as well as another form of contact, so that recipients and providers to report the abuse when sending messages ;
III - Do not use dynamic IP address;
IV - Configuring the SPF (Sender Policy Framework) e-mail used as returnpath;
V - Have reverse DNS settings, as well as its corresponding forward DNS.
Chapter 5 - THE PERMANENT COUNCIL
Art.10. Organisations signing this Code establish a Superior Council, which is already now in charge of:
I - Approve its Charter, which should provide for: replacement of the representatives in the event of a vacancy, a quorum for meetings of the installation; procedures for summons; representation before the society; operational and administrative procedures and others that may be necessary for the faithful performance this mandate.
II - Within 180 (one hundred eighty) days to establish a Council of Ethics, to be composed of representatives of providers, corporate E-mail Marketing and Consumer Affairs, appointed by the High Council, draw up its Rules of Procedure and swear their members. The Board of Ethics appreciate and judge the competing claims of infringement of the provisions of this Code.
III - Implement and enforce the decisions of the Council of Ethics.
IV-Resolve silent on the investigation and punishment of offenders, but also about the rules of this Code.
§ 1. Incumbent upon the Superior Council by qualified majority (fifty percent of the votes plus one), amend the provisions of this Code, and amend, delete and add to it notes.
§ 2. The Board will consist of one representative and one alternate from each signatory membership, all with fixed term of three years. The principal representatives will choose between them by simple majority, a President who will represent the Council in society.
§ 3. The meetings will be held at the premises of any of the signatory bodies by unequivocally calling for all members in advance of 10 (ten) days.
§ 4. The Board of Ethics shall consist of four members and a Chair, appointed by vote of Board members, and the Coordinator will have jurisdiction in case of a tie.
§ 5 The Board of Ethics Board and its Chairman meet fixed term of two years.
Chapter 6 - CONDUCT OF inconsistent with reproofs OF THE CODE
Art.11. Violators of the rules of this Code will be subject to the following actions of the Board of Ethics:
I - warning, together with a recommendation to modify the conduct failed;
II - recommendation Block Sender's Domain entities associated companies subscribing to this Code;
III - disclosure of the position of the Council of Ethics in the face of non-compliance of the measures and actions recommended.
Sole Paragraph. The failures mentioned in items I, II and III shall be applied by the Ethics Committee after the prior announcement of the investigation.
Organisations subscribing to this Code are committed to prompt communication of its content to its members and / or associated by taking all necessary steps so that the subscription is duly approved by the entity and that all its members / associates are committed to follow the rules established in this Code, accepting it as valid and applicable to its activities in Email Marketing.
This Code of Practice for Self-Regulation of E-mail Marketing enters into force 30 (thirty) days after the inauguration of the Council of Ethics referred to in item II of Article 10.
