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Unsolicited Electronic Messages Act 2007

If you send email newsletters or any type of electronic message such as SMS TXT messages to your customers you need to be aware of the anti-spam law. Here's a brief interpretation:

Steps to ensure you're not 'spamming'
Follow the steps below to ensure you are not sending spam:

  1. Make sure you have consent to send to people in your list. If you've already been sending out group emails you will need to get consent from those people to continue sending them messages.
  2. On every message you should have the details of the real person sending the email and the contact details of the business sending the email.
  3. There has to be a working unsubscribe link on the email.
  4. Don't use software that collects email addresses off websites (email harvesting).
  5. Don't give your email list to anyone else. This breaches the New Zealand Privacy Act.


What is Consent?
People on your email list must consent to you sending them email messages. There are three different types of consent in the Act: Express consent, Inferred consent, or Deemed consent.

Express consent
The person has directly said that it's OK for you to send them email messages Most commonly this would be a box that they ticked on your website or a form they filled out in your shop.

Inferred consent
Inferred consent is when the person expects to receive email from you such as when they complete a form and supply their email address.

Deemed consent
When someone publicly displays their email address to be contacted such as a business card or website. You may only contact them in relation to their business.

Helpful Links
Unsolicited Electronic Messages Act 2007: www.antispam.govt.nz
New Zealand Privacy Act 1993: www.privacy.org.nz/privacy-act
Spinning Planet Email Newsletter Service: www.spinningplanet.co.nz/newsletter

Notes
If you don't want your email address added to lists put a statement such as "Do not use this email address for unsolicited commercial electronic messages" on your business card or website..

Use email marketing software that adheres to the new spam act. Ours can be viewed here: www.spinningplanet.co.nz/newsletter

This document is only an interpretation of the Unsolicited Electronic Messages Act 2007 and supplies no guarantee of correctness. Please consult the Unsolicited Electronic Messages Act 2007 or legal council for clarification of the Act.

Spam Act overview supplied by:
Brynn Neilson (CEO), Spinning Planet New Zealand - Internet Technology and Design
www.spinningplanet.co.nz

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