Opt in / Opt Out / Collecting email addresses

We do not permit anyone using any unsolicited or "harvested" email lists through our servers. eg you cannot purchase email lists nor should you send an email through our emailer to any body who has not specifically given you their email address.

You must be able to give some credibility to the source of your email address lists, or we will suspend your website hosting and bulk email services should any problems arise.

So who can you send emails to?

We cannot provide legal advice, but so long as you obey our rules, then we will not terminate your service until such time as a court order tells us to.

We believe that you can potentially send an email to anyone who has communicated with you in the past by entering their email address into your website by specifically subscribing to a newsletter, but also by purchasing goods, participating in a forum or via an enquiry form. Or if they have signed a book requesting to joing your mailing list.

In the NZ antispam legislation, there is a reference to "consent that can reasonably be inferred from (A) the conduct and the business and other relationships of the persons concerned; and (B) any other circumstances specified in the regulations"

But if someone has only contacted you or enquired only, then is this a sufficient reason for you to be able to send them a newsletter under this law? We will leave that exact interpretation up to the webmaster of each website. You should make your interpretation clear in a public terms and conditions page if you have not specifically offered the opt-in/opt-out approach.

The onus of proof is on you to demonstrate how you collated each and every email address. eg they signed a book to receive newsletters or they specifically requested to join your newsletter.

The following is less clear, but acceptable to us until the law is tested in the courts or official judgements/interpretations are communicated to us. If the customer left a business card in a jar in your business, they purchased something from you and provided an email address. If they made an enquiry and left their email address for you to respond. They are an existing member of your mailing list prior to the commencement of the new law. These are the borderline cases, and we will not prevent you using our service until told otherwise by the courts.

The following are definitely not permitted by law, nor by us for collection of email addresses. You may not share email lists or use email lists provided to you by friends. You should immediately destroy any lists in your possession that you are not entitled to. You may not share email lists among sister/child/parent companies. Only one company may infer the right to communicate having been given the email address in that name. You may not purchase email addresses. You may not use email harvesting software. You may not communicate with anyone who has either unsubscribed or has replied to you requesting to be unsubscribed.

Read the law in more detail here:
http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=94418&infobase=pal_statutes.nfo&jump=a2007-007&softpage=DOC

As we have said, we have some basic rules, and you must obey those rules. As to the interpretation of law, this is upto you. It is you who will be prosecuted under the law, and nothing we have said on this website should be construed as legal advice.

Opt In or Opt Out

In the [Options] tab of each page, you can now specify that an "opt-in" or "opt-out" tick box appear next to each contact form for mailing lists. Same option exists for custom form, look in the fields toolbar.

By default there is none, as many people may not offer a mailing list. Or you may have interpreted the law that any contact with you is an explicit justification for sending an email. That will be upto your interpretation, not ours, and time will tell how the law interprets this.

There is a new member status, called "opt-in". All mailing list subscriptions will be opt-in.

All people who tick the opt-in box will be "opt-in members".

All people who opt out, will be "opt out - do not contact" members.

All other cases will now be "General Members".

 

Notes on Creating Bulk Emails

You can contact your own "General Members" at your own discretion. Thats up to your interpretation.

All members who receive a newsletter have an option to automatically unsubscribe. This is a requirement of law.

You must use a meaningful reply address. You cannot use noreply@ addresses. You must employ someone who will read every reply and appropriately unsubscribe anyone who asks to be unsubscribed.

When searching for members, the member level filter is now a "minimum" filter, meaning that this will find all members greater than that specified. eg so Sending an email to "optin" members only, will send emails to email confirmed members and authorised members of all levels as well.

 

Definition of "consented to receiving"

 (a)means—

 (i)express consent, whether given by the relevant electronic address-holder or any other person who uses the relevant electronic address; or

 (ii)consent that can reasonably be inferred from—

 (A)the conduct and the business and other relationships of the persons concerned; and

 (B)any other circumstances specified in the regulations; or

 (iii)consent that is deemed to have been given when the following circumstances apply:

 (A)an electronic address has been conspicuously published by a person in a business or official capacity; and

 (B)the publication of the address is not accompanied by a statement to the effect that the relevant electronic address-holder does not want to receive unsolicited electronic messages at that electronic address; and

 (C)the message sent to that address is relevant to the business, role, functions, or duties of the person in a business or official capacity; but

 (b)does not include the circumstances specified in the regulations from which consent cannot be inferred

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