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Inbox Advertising Inc.
Privacy Laws

In an effort to address many privacy issues that have surrounded commercial electronic communications, two Acts have been established which help to provide definitions and appropriate penalties for misleading and unsolicited commercial email communications.

As of January 1, 2004, there are two country's privacy laws that we must be aware of when conducting any email marketing programs directed toward recipients within North America.

Canada CASL  (Canadian Anti-Spam Legislation)
United States The CAN-SPAM ACT of 2003  (Controlling the Assault of Non-Solicited Pornography and Marketing Act)

If you do not have the resources to address these legal and technical requirements, we can help. We offer every service necessary for you to comply with each country's laws. For more information, contact privacy@inbox-advertising.com

 
CASL (Canadian Anti-Spam Legislation)  

The summary below covers the collection, use and disclosure of personal information in the course of any commercial activity.  You can learn more about Canadian Anti-Spam Legislation (CASL) at http://fightspam.gc.ca/eic/site/030.nsf/eng/home
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The CAN-SPAM ACT of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act)  

It is your responsibility to ensure that all mailings that will be sent to individuals residing within the United States conform to the CAN-SPAM requirements.  According to the CAN-SPAM ACT the U.S. Federal Government is empowered to enforce the law.  Failure to comply could result in fines and possible imprisonment.

The summary below covers the general references to the new laws as they relate to commercial email marketing activities.  You can learn more about CAN-SPAM at http://www.spamlaws.com/federal/108s877.html

1.  Prohibits fraudulent or deceptive subject lines, headers, return addresses etc.

2.  Makes it illegal to send emails to email addresses that have been harvested from web sites.

3.  Criminalizes the sending of sexually-oriented emails without clear markings.

4.  Requires that your have a working unsubscribe mechanism that makes it easy for recipients to unsubscribe (opt-out) from receiving your future emails.

5.  Requires most emailers to include a valid postal mailing address in the message.

6.  Requires that all commercial and promotional mail conspicuously state that it is an advertisement, unless all recipients receiving the message have opted in. (Since our clients only use permission based opt-in lists, this is not necessary).

7.  Implicates not only spammers, but also those who procure their services. Indeed, if you fail to prevent spammers from promoting your products and services you can be prosecuted.

8.  Includes both criminal and civil penalties and allows lawsuits by the Federal Trade Commission (FTC), State Attorneys General, Internet Service Providers and Email Service Providers.
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