Code of practice for Autorregulamentação E-mail Marketing
August 19, 2009 by admin
Practice Email Marketing
Preamble
I - Not allowed to practice the first shipment to obtain permission from the recipient to send them;
II-For sending attached files must be obtained prior consent of the consignee and certified for the specific file type in question;
III - Do not contain a link to the Malicious Code, as defined in Article 2, section XV of this Code;
IV - Serving only the content in HTML or TXT format, without any recourse that can hide, disguise or obscure in any way the original code of the message;
V - Other components of the message, such as images, audios and videos must be hosted on servers belonging to companies participating in the process of sending e-mail marketing or contracted by them;
VI - The sender must provide the Recipient its policy of opt-out and inform the deadline for removing your email address from the base of recipients, which may not exceed two (2) working days, when asked directly by the unsubscribe link E-mail Marketing and five (5) working days when requested by other means, these periods counted from the date of the request proved;
VII - Certification and signature are permitted, providing an exception to every rule narrowly defined in this Code.
VIII - will not be mandatory the use of opt-out when there is a contract between the sender and recipient, only for e-mails with the purpose of ensuring the enforcement of contract and post-contract relating to that contract (eg bank, warnings and statements) .
Art.5 Sender that you want to send E-mail Marketing is expected to release on its website the "Privacy and Use of Data taken with their customers and users, which should comply with this Code, which will be considered breach infraction punishable by failure as provided 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 basis without the express prior consent of persons such information relates.
Art.6 The body of the message should contain, besides the identification of the sender, enabling the use descadrastamento (Opt-out), and this resource should be presented as a link to descadrastamento and at least one alternate contact for the same purpose at the discretion of the sender, free from any link that can be used by the user.
Example:
[Name of Shipper]
You are receiving this email because you signed up or have a relationship with (the) [Sender's name] by e-mail address: [destinatario@exemplo.com.br]
If you no longer wish to receive emails from us, cancel your receipt here.
If you prefer, contact us through the (a) "phone", "email", "Fax", "SMS", letter, or "any other way made available to unsubscribe."
Art.7 º. Additionally, sending E-mail Marketing at the request of Partner companies must meet the following requirements:
I - The person responsible for Base Recipients with which it deals should provide adhesion mechanism pursuant to Article 2, item XII (Opt-in) of this Code, for permission to send e-mail campaigns Marketing Partners;
II - The email address in the "Sender" should be that whereby a person or entity holding the relationship with the Base Recipients can be contacted by the Recipient;
III - should be available in addition to the mandatory features unsubscribe under Art.6, 2 (two) other specific alternatives to unsubscribe Shipping Partners, an exclusion for sending E-mail Marketing with the contents of that Partner in particular, whose identity 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 websites will offer its visitors use to send messages with content from the web page visited for Recipients of their relationship, provided that the following conditions:
I - The content to be sent should be chosen by the visitor's web page;
II - The e-mail address of the visitor responsible for the post should include:
(A) In the "Sender" (From: / From:), or
(B) clearly and explicitly in the message body, in which case the identity entered in the "Sender" (From: / From:) should be responsible for the website;
III - In the "Recipient" (To: / To:) should include the e-mail the recipient of the message;
IV - There may be field that enables the visitor to enter comments or other information it deems relevant and on which it will assume full responsibility;
V - The process of resource use for sending messages to a recipient by the visitor of your relationship does not generate relationship (Soft Opt-in) between the head of this web page and allows the recipient and not sending any further messages to that recipient .
Chapter 4 - TECHNICAL REQUIREMENTS OF THE SHIPPING
Art.9 º. - The sending servers that practice activity of sending E-mail Marketing, should follow the following technological criteria:
I - Implement SMTP (Simple Mail Transfer Protocol) as reference standards (RFCs) published by IETF (Internet Engineering Task Force);
II - Maintain an electronic address in the format "abuse@exemplo.com.br "Sender and Enterprise E-mail Marketing, as well as another form of contact, so that recipients and providers can report abuse in the sending of messages ;
III - Do not use dynamic IP address;
IV - Configuring the SPF (Sender Policy Framework) e-mail used as returnpath;
V - Owning reverse DNS settings, as well as their corresponding DNS direct.
Chapter 5 - RECOMMENDATIONS OF THE PERMANENT
Art.10. The organizations signing this Code shall establish a Board, which is already now responsible for:
I - Adopt its Bylaws, which should provide for: replacement of representatives in the event of a vacancy; quorum the installation of meetings; procedures for calling, representation before the society, operational and administrative procedures and others that may be necessary for faithful this mandate.
II - Within 180 (one hundred and eighty) days to establish a Council of Ethics, to be composed of representatives of providers, enterprise E-mail Marketing and Consumer Affairs, appointed by the Board; prepare its Rules of Procedure and swear in their members. The Board of Ethics will compete assess and judge complaints of violations to the provisions of this Code.
III - Comply with and enforce the orders of the Board of Ethics.
IV-Solving missing issues regarding the determination and punishment of offenders, as well as the rules of this Code.
§ 1. Incumbent to the Board, by a qualified majority (fifty percent of the votes plus one), amend the provisions of this Code and to amend, delete and add you notes.
§ 2. The Board will consist of one representative and one alternate from each signatory association, all with fixed term of three years. The principal representatives will choose between them, by simple majority, a president who will represent the Board before the society.
§ 3. The meetings will be held at the premises of any of the signatory entities, through unequivocal call for all members in advance of ten (10) days.
§ 4. The Ethics Board will consist of four members and a coordinator, appointed by vote of the members of the Board, and the Coordinator shall have jurisdiction in case of a tie.
§ 5 The Board of Ethics Board and its Chairman shall meet fixed term of two years.
Chapter 6 - THE CONDUCT OF disapprovals inconsistent with 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 for modifying the behavior disapproved;
II - recommendation lock Sender's Domain by companies associated with the entities subscribing to this Code;
III - disclosure of the position of the Council of Ethics in the face of non-compliance measures and measures recommended.
Sole Paragraph. The disapprovals set forth in items I, II and III will be implemented by the Ethics Committee after the prior announcement of the investigation.
Organisations subscribing to this Code undertake to make prompt disclosure of their contents to their respective members and / or associates, taking all necessary steps to ensure that the subscription is duly approved by the entity and that all its members / associates are committed to follow the rules of this Code, admitting it as valid and applicable to their activities of Email Marketing.
This Code of Practice for Autorregulamentação Email Marketing enter into force thirty (30) days after the inauguration of the Council on Ethics referred to in item II of Article 10.
