This Anti-Spam Policy applies to Lead Metrics marketing automation and email marketing service and any other service provided by Lead Metrics to you (“Service”).
Where the services which we provide to you include those of a Reseller for any third party services (“Service Providers”) including those of SharpSpring, Inc or ActiveCampaign, LLC, you agree to be bound by all terms and policies of that service including their terms relating to anti-spam and any Anti-Spam policy which they may have. ActiveCampaign’s Anti-Spam Policy can be found at https://www.activecampaign.com/anti-spam-policy and SharpSping’s Terms relating to Anti-Spam can be found at https://sharpspring.com/legal/terms-of-service/.
Please note, for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation 2016 in relation to the third party data which you supply Lead Metrics is NOT a data controller and does not supply data for use on the Lead Metrics service. You are the data controller and supply your own data for use on our and our partner systems. It is your responsibility to ensure that all personal data that you use is processed in accordance with the relevant data protection law as amended from time to time.
PLEASE NOTE, YOU MAY NOT USE THE LEAD METRICS SERVICE OR ANY RESELLER SERVICE WHICH LEADMETRICS MAY PROVIDE (together “the Service”) UNLESS YOU AGREE TO BE BOUND BY THIS ANTI-SPAM POLICY. BY USING THE SERVICE YOU AGREE TO BE BOUND BY THIS POLICY.
Lead Metrics in its absolute discretion prohibits the following:
1. use of the Service in any manner associated with the transmission, distribution or delivery of any unsolicited commercial email or unsolicited bulk email (“Spam”) except where authorised by law. You may not use the Service to send any Spam;
2. use of the Service to send out communications to anybody who has asked you not to contact them or who has not explicitly signed up to receive such communications by way of an opt-in which requires specific, informed and unambiguous consent;
3. use of the Service to send out communications with an unrelated subject / content to that which the subscriber requested to be informed about;
4. use of the Service for:
1. the promotion or sale of email lists;
2. the sale or advertising of illegal goods or services;
3. pornography or other sexually explicit emails;
4. the sale or advertising of pharmaceutical products;
5. Dietary supplements and weight loss
6. Male enhancement products
7. Escort and dating services
8. Affiliate marketing
9. the promotion or offer of internet loans and pay day loans
10. Credit repair services
11. Sending adverts for multiple companies to the same list;
12. get rich quick’, pyramids, work at home schemes;
13. Illegal Substances or Goods
14. Sale of social media influence (such as followers, likes, and shares)
15. Cryptocurrency sales or promotion
16. gambling products and services; or
17. online trading, day trading and other activities relating to the stock market;
18. use of the Service for any other purpose which we consider, in our absolute discretion, to be in appropriate.
Any email sent through the Service must:
1. not use or contain invalid, forged or misleading header information;
2. not use or contain invalid or non-existent domain names;
3. not use a third party’s internet domain name without permission of the third party;
4. not misrepresent, hide or obscure in any other way any information identifying the origin or transmission path;
5. not use or contain false or misleading information in the subject line;
6. not use or contain any false or misleading content;
7. provide recipients with an opt-out mechanism able to process opt-out requests;
8. honour any opt-out request promptly and in any event within 10 working days from receiving the opt-out request;
9. provide recipients with clear and specific information in relation to the processing of their personal data in accordance with the provisions of all relevant data protection legislation
10. contain the sender’s full, verifiable, legitimate postal address
11. if relevant, clearly identify that the commercial email is an advertisement and contain your valid physical postal address;
12. if relevant, clearly identify the email as a promotional offer and ensure that any conditions which must be met to qualify for it are easily accessible, and presented clearly and unambiguously;
13. if relevant, clearly identify the email as a promotional competition or game and ensure that any conditions for participation are easily accessible and presented clearly and unambiguously; and
Lead Metrics customers are only allowed to send emails to people who have given prior informed, specific and unambiguous permission to receive promotional material from them (“Permission Based”).
Data which we consider to be Permission Based:
• Your data is collected via a subscription form on your website which provides all information necessary to ensure compliance with all applicable current data protection and privacy legislation
• Your data was collected via an opt-in check box on an online form. This box must not be pre-checked as default and must be specific and unambiguous as they are otherwise not knowingly opting in and which must provide all information necessary to ensure compliance with all applicable current data protection and privacy legislation
• Addresses that were collected via Trade Shows / offline. They must be aware that you will be sending them promotional emails by providing their address and where you can demonstrate that you have provided all information necessary to ensure compliance with all applicable current data protection and privacy legislation
Data which we consider NOT to be Permission Based (“Non Permission Based”):
• Any purchased/rented/loaned email list, regardless of whether they have ‘opted in’ or how much the list cost you. You need to obtain the informed, specific and unambiguous opt in yourself.
• Any third-party list you have acquired. You need to obtain the informed, specific and unambiguous opt in yourself.
• Addresses that you have ‘harvested’ or copied from your target markets websites. You need to obtain the informed, specific and unambiguous opt in yourself.
• Any addresses that you cannot prove how you’ve collected them
• Any other addresses which do not fall within the scope of the Permission Based data.
Lead Metrics prohibits the use of the Service in any manner associated with the transmission, distribution or delivery of any Non Permission Based email..
If we, or our Service Provider, believe that unauthorised or improper use is being made of the Service, we, or they, may, without notice, take such action as we, or they, in our sole discretion, deem appropriate, including the suspension or termination of any account. Unauthorised use of the Service may result in civil action against you and anyone assisting you. Where you have your account suspended or terminated by a Service Provider you acknowledged that this is beyond our control and we shall have no liability to you in this respect.
We may, in our absolute discretion levy a £250 charge for each instance in which you use LeadMetrics to send out emails to addresses obtained in any way other than a subscriber providing informed and specific, and unambiguous opt-in consent. This is to reflect our administrative charges in liaising with our Service Providers and monitoring and responding to the same.
Nothing in this policy is intended to grant any right to transmit or send email to, or through, the Service or to place any obligation on Lead Metrics to check or confirm the legal compliance of any email. Failure to enforce this policy does not amount to a waiver of Lead Metrics rights.
Have you received Spam from a Lead Metrics user?
If you have received Spam from one of our customers please send an email to email@example.com with full details of the email received and we will deal with it promptly.
Version 1.1 – 09/04/2020