Self-Regulation Code for the practice of Email Marketing
August 19, 2009 by admin
Practice Email Marketing
Preamble
I - It is not allowed to practice the first shipment to obtain permission from the recipient for subsequent shipments;
II-For sending attached files should be obtained prior permission of the consignee and certified for the specific file type in question;
III - Do not contain link that goes to Malicious Code, as defined in Article 2, section XV of this Code;
IV - Serving only the content in HTML or TXT format, without any feature 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 the e-mail marketing or contracted by them;
VI - The Shipper shall provide the Recipient your Opt-out policy and inform the deadline for removal of your e-mail address of the base of recipients, which may not exceed two (2) 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 application proven;
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) .
The Sender shall Art.5 you want to send E-mail marketing must disclose on its website the "Privacy and Use of Data" adopted with its customers and users, which should comply with this Code, which will be considered breach infraction punishable by failure as provided for in art.11 of this 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 capable of use by the user.
Example:
[Sender Name]
You are receiving this email because you registered or have a relationship with (the) [Name of Shipper] via e-mail address: [destinatario@exemplo.com.br]
If you no longer wish to receive our emails, cancel its reception here.
If you prefer, contact through (a) "phone", "email", "Fax", "SMS," card 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 campaigns Email Marketing Partners;
II - The e-mail address in the "Sender" should be one whereby the 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 identification must be clear, and another to the exclusion of sending E-mail Marketing Partner of all of the Sender;
IV - The Sender 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 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 sending the message should contain:
(A) In the "Sender" (From :/ From :), or
(B) clearly and explicitly in the message body, in which case the identity included in the "Sender" (From :) From :/ should be responsible for the website;
III - In the "Recipient" (To :/ To :) should include the email address of the recipient of the message;
IV - There may be field that allows the visitor to insert comments or other information that deems pertinent 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 create relationship (Soft Opt-in) between the head of the web page and this recipient 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 that 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 - Keep an email address in the format "abuse@exemplo.com.br "Sender and the company E-mail Marketing, as well as another form of contact, so that recipients and providers can report abuse in 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 their corresponding forward DNS.
Chapter 5 - TIPS OF PERMANENT
Art.10. The organizations signing this Code establish a Superior Council, which is already now in charge of:
I - Approve its Charter, which should provide for: replacement of representatives in the event of a vacancy, a quorum for meetings of the installation; procedures convocation; representation in society, operational and administrative procedures and others that may be necessary for the faithful performance this mandate.
II - Within 180 (one hundred and eighty) days to establish a Board of Ethics, to be composed of representatives of providers, the companies E-mail Marketing and Consumer Affairs, appointed by the High Council, draw up its rules of procedure and appoint their members. The Board of Ethics compete analyze and judge complaints of violations of provisions of this Code.
III - Implement and enforce the decisions of the Board of Ethics.
IV-Resolving missing issues regarding the investigation and punishment of offenders, as well as 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 a simple majority, a President who will represent the Council before the society.
§ 3. The meetings will be held at the premises of any of the signatory, by unequivocal call 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 the members of the Board, and the Coordinator shall have jurisdiction in case of a tie.
§ 5 The Board of Ethics Board and its President meet fixed term of two years.
Chapter 6 - CONDUCT OF THE reproaches nonconforming WITH 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 for modifying the conduct 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 of the measures and actions proposed.
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 agree to allow prompt dissemination of its contents to their respective members and / or associates, taking all necessary steps so that the subscription is duly approved by the entity and that all its members / associates commit themselves to follow the rules established in this Code, admitting it as valid and applicable to their activities of 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.
