Spam is a problem that affects everyone, and that’s why FreshMail pays particular attention to fighting it. It is in everyone’s interest that the Internet is free from any and all types of abuse and in particular the sending of unwanted or unsolicited email, sms or mms messages. In view of the above, we have collected all the key aspects linked to the sending of Spam and created the Anti-Spam Policy.
Before you use the FreshMail Portal in any way, please read the full Anti-Spam Policy.
The Anti-Spam Policy applies to all Users using the FreshMail App for purposes directly related to business, professional or statutory activities. This Anti-Spam Policy is, therefore, also for you, so FreshMail wants it to be as clear as possible. For easy reading and navigation, the Anti-Spam Policy is broken down into sections, each provided with a commentary. Remember that the breakdown into sections is indicative only and no section shall be interpreted separately from all other sections of this Anti-Spam Policy.
If you have any questions or concerns about the content of this Anti-Spam Policy, feel free to contact us. You can find our contact details at the end of this document (Section 13).
Keeping things organised for you
- FreshMail likes to keep things organised. That is why we’ve put together a short list of definitions used in this Anti-Spam Policy.
|Group Email Address||A single email address, e.g. email@example.com, used for the distribution of emails to other email addresses.|
|FreshMail||That’s us. FreshMail is a limited liability company with its registered office in Kraków, entered into the commercial register of the National Court Register (KRS) by the District Court of Kraków-Śródmieście in Kraków, 11th Commercial Division of the KRS, under KRS number: 0000497051.|
|Campaign||Campaigns are the primary task of the FreshMail App. A Campaign is a single mass delivery of one marketing email or text message, based on a single template. A single message is also considered to be a Campaign. Note that transactional emails sent from the FreshMail App are not a Campaign.|
|Subscribers||You send your Campaigns to them. These are the individuals whose email addresses and/or phone numbers you import to the FreshMail App. Remember that the number of Subscribers in your Account is the sum of the numbers of email addresses in all your Subscriber Lists, even if individual email addresses or phone numbers are repeated in these Lists.|
|Anti-Spam Policy||This is what you are reading right now. FreshMail wants all use of the FreshMail App to be in compliance with mandatory provisions of law and generally accepted Internet practices. Therefore, FreshMail has created the Anti-Spam Policy, which brings together all the foregoing regulations and rules.|
|FreshMail App||This is where you import the databases of email addresses or phone numbers of the Subscribers and send your Campaigns through it. The FreshMail App lets you use other functionalities which are detailed here. The FreshMail App is an online application accessed at app.freshmail.com and provided as Software as a Service (SaaS). You do not have to install it on your computer.|
|RBL||This is a ‘blacklist’ to which IP address which send Spam are added. The RBL is not maintained by FreshMail, but by external specialised entities.|
|Portal||This is how you access your Account and use the FreshMail App. It is a website available at freshmail.pl.|
|Spam||Anything you cannot send through the FreshMail App. Spam is not limited to (1) commercial information sent to Subscribers who did not give prior consent to receive such information, in accordance with Article 10(2) of the E-Services Act. Spam also includes (2) any other mass email or SMS messages, in which the addressee and the context of the message is irrelevant, i.e. unsolicited correspondence sent to the Subscribers, whose addresses come from databases created in an illegal manner (for example, read Section 2.ii) or in violation of good email marketing practice (for example, read Section 2.iii);|
|SpamComplain||This is an automated reply from the email service provider of the Subscriber, indicating that the message, sent as part of a Campaign, has been marked as Spam. Such a message may adversely affect the credibility of the mailing infrastructure and your domain and often indicates poor maintenance of databases.|
|Spamtrap||An address which was created and published on the Internet intentionally or transformed from an email address that had not been used for at least 2 years. A Spamtrap detects instances of sending email messages to the email addresses which exist in databases created illegally or not in compliance with good email marketing practice (examples: read Sections 2.ii and 2.iii of the Anti-Spam Policy). The presence of Spamtraps on your Subscriber List could also mean poor maintenance of the Subscriber database.|
|E-Services Act||This is the Polish Electronic Services Act (Polish: “Ustawa o świadczeniu usług drogą elektroniczną”) of 18 July 2002 (with the consolidated text in the Journal of Laws of 2013, item 1422).|
|GDPR||(General Data Protection Regulation) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. You can read it here.|
Rules to stop Spam
- To ensure the highest standard of FreshMail services and to eliminate the potential for any type of abuse which can occur through the use of the FreshMail App, the following actions are strictly prohibited:
(i) the sending of Spam via the FreshMail App;
(ii) the importing of email addresses or phone numbers into the FreshMail App, for the purpose of sending Campaigns, if they belong to Subscribers who have not consented to receiving commercial information by electronic means directly to you (or to another entity – Personal Data Controller, if you act as a Personal Data Processor for and on behalf of the Personal Data Controller). In order to import email addresses and phone numbers, you must become a Personal Data Controller (or act as a Personal Data Processor for and on behalf of the Personal Data Controller) and fulfil the obligations related to this role, while the Subscriber must have agreed to receive electronic commercial information under the E-Services Act. FreshMail does not differentiate between company and private email addresses. All imported email addresses and phone numbers must be obtained by means of the Double Opt-In method, so they mustn’t be:
- invalid, which means that even if a Subscriber consented to receive electronic commercial information under the E-Services Act, but you have not contacted that Subscriber for more than one year, the Subscriber’s data should not be used by you in the FreshMail App.
(iii) it is prohibited to import into the FreshMail App, for the purpose of sending Campaigns, any email addresses or phone numbers that have been collected from the Internet or any public databases, such as the Central Electronic Register and Information on Economic Activity or the National Court Register, or using scripts that automatically add new subscribers to a subscription form published on your website and linked to a Subscriber List in the FreshMail App.
FreshMail has the right to verify the quality of the Subscriber List imported into the FreshMail App. If the verification process is negative, FreshMail has the right to reject the imported list in whole or in part. If your Subscriber List is rejected by FreshMail, you are not entitled to a refund.
When importing a large number of email addresses, FreshMail has the right to request that the User carries out a test mailing to some of the Subscribers in order to verify the quality of the Subscriber List. If the verification process is negative, FreshMail has the right to reject the imported list in whole or in part. If your Subscriber List is rejected by FreshMail, you are not entitled to a refund.
If you use the FreshMail App to send messages other than Campaigns (e.g. transactional emails), you must always have an appropriate legal basis for the processing of personal data.
(iv) in headers such as ‘FROM:’ and ‘REPLY TO:’ Re: FWD, it is prohibited to use words which might feature the characteristics of a scam (e.g. ‘you have won’, ‘for free’), or ones which refer to gambling, pornography, psychoactive substances, false or misleading names, addresses or phone numbers. Such information must always be true, not misleading and complete. Moreover, in the footer or in any other visible place of each Campaign, you must inform the Subscribers about your company, registered office, address and contact details (email address and phone number). The information you provide must be true, clear and easy to understand by the Subscribers. FreshMail has the right to verify the domain or email address of the sender to check that the account holder is authorised to use the domain or the address for communicating with the Subscribers.
(v) it is prohibited to send Campaigns, the content of which violates or may violate the provisions of generally applicable law, as well as violates or may violate the principles of decency, or misleads the Subscriber. Therefore, make sure to analyse the content of your messages and, in particular, do not send any messages of an offensive, ambiguous, discriminatory or vulgar nature.
(vi) it is prohibited to send Campaigns which suggest that a competition has been won or that money can be received in exchange for registering and/or leaving the Subscriber’s details on a website which can be accessed via a link included in the Campaign.
(vii) it is prohibited to send Campaigns which suggests that the Subscribers have not consented to receive commercial information under the E-Services Act or consented to the processing of their personal data, and the Campaign in question is aimed at verifying the addresses for this particular purpose.
(viii) it is prohibited to use free domain addresses (e.g. gmail.com, wp.pl, onet.pl, etc.) in the field ‘sender address’ (i.e. FROM). It is also forbidden to use addresses stylised into addresses of other companies, which could mislead the Subscriber.
(ix) Other prohibited actions include promoting through a Campaign:
(a) any form of pornography;
(b) stimulants and drugs;
(c) criminal activities;
(d) goods, services or content that are customarily associated with unfair business practices or Spam (e.g. get-rich-quick schemes, chain letters, and pyramid schemes);
(e) any form of gambling, betting, lotteries, video lotteries, cylindrical games, card games, dice games and automated games;
(x) the continued sending of Campaigns to Subscribers who no longer want to receive them. Remember to respect the time and privacy of those who do not want to receive any more Campaigns from you;
(xi) the use of misleading titles of Campaigns or ones which suggest a different content of the messages sent. In particular, it is prohibited to use prefixes suggesting that this is a response to a previous message or a forwarded message, labelled, e.g.: RE, FWD, etc.
(xii) placing links in the message subject;
(xiii) the use of the so-called link shorteners in the email template;
(xiv) the abuse of links, understood as their use outside of the FreshMail App or in campaigns targeting Group Addresses;
(xv) the publishing through the FreshMail App of Landing Pages that are intended to collect email addresses or phone numbers by misleading the Subscribers.
- FreshMail is not a tool for verifying email addresses and cannot be treated as an application to mark incorrect or outdated email addresses. Remember that after creating an account in the FreshMail App, you are responsible for all email addresses in your Account. It is your responsibility to protect the subscription forms that are integrated into FreshMail App from malware (bot) that can mass record email addresses through these contact forms.
- When running campaigns, you are obliged to correctly set the SPF (Sender Policy Framework) record.
- In order to send Campaigns linked to consumer loans and credits, in the message content you must include all the necessary information in accordance with Article 7 and 8 of the Consumer Credit Act (Journal of Laws 2018.0.993). If you operate in another industry where special regulations for marketing communications or advertising are applicable, you should also comply with these regulations.
Give the Subscriber a choice
- You are obliged to include a resignation link in each Campaign you send, i.e. a link whose clicking by the Subscriber will result in the removal of the Subscriber from the Subscriber List, and consequently no more Campaigns will be sent to that Subscriber.
- The resignation link cannot be hidden or connected with another link. It must be clearly visible and properly described in a language understood by the Subscriber. Any Campaign without a resignation link will not be sent.
It is forbidden to send Campaigns to people who have been added to the Subscriber List in the past and later unsubscribed from it.
It is also forbidden to give the ‘active’ status to addresses that have been marked as bounce addresses in previous Campaigns.
If you send SMS Campaigns, you are also obliged to respect potential situations where Subscribers object to the processing of their personal data or withdraw their consent to receive SMS messages. In the event of a large number of complaints received from Subscribers in connection with your SMS Campaigns, FreshMail may suspend further messages from you through this channel or take other steps as described below in Section 9.
Consequences of violations
- The Antispam Policy is not only a declaration, and its violations will each time involve FreshMail taking action, which will be proportional to the violation.
- FreshMail has the right to suspend a Campaign at any time if any irregularities that could affect the reputation of the mailing infrastructure are detected. If there are reasonable grounds to believe the above or FreshMail receives reliable information that you have violated the Anti-Spam Policy, we may also:
(i) in the course of Moderation, FreshMail can move your Campaign to the Drafts tab,
(ii) prevent you from sending new Campaigns,
Remember that if you violate this Anti-Spam Policy and we block your access to the FreshMail App or its part, you will not be able to receive a refund of the previously paid funds.
Notwithstanding the foregoing, if a violation of the Anti-Spam Policy also constitutes a violation of generally applicable law, we will notify the relevant government authorities.
- Moreover, if, in connection with your Campaign:
(i) you send an email to Spamtrap,
(ii) the IP address used by us ends up in the RBL,
(ii) the domain used by us ends up in the RBL,
(iv) ‘bounces’, i.e. information on the failure to deliver emails, exceed 10% of the total number of Subscribers of a given Campaign,
(v) FreshMail receives a notification of an unwanted Campaign sent to email addresses or phone numbers of the Subscribers,
(vi) the SpamComplain notifications exceed 0.01% of the Subscribers of a given Campaign,
(vii) there are reasonable grounds for suspecting that, or we become aware, that you are impersonating another entity,
(viii) you send viruses, worms, phishing, malware, or other potentially harmful software,
Any questions? Make sure to contact us.
- Please contact us if you have any questions about the Anti-Spam Policy. You can send us your questions:
(i) by email to firstname.lastname@example.org;
(ii) by letter to:
FreshMail sp. z o.o.
al. 29 Listopada 155 C
31-406 Kraków, Poland