Ortto acceptable usage policy
Anti-spam laws includes the US CAN-SPAM Act 2003, the Canada Anti-Spam Law (CASL) 2014, the Australian Spam Act (Cth) 2003, the Privacy and Electronic Communications Regulations (PECR) 2003, The General Data Protection Regulation (GDPR) 2018, the UK EC Directive 2003, and similar laws and regulations in effect in the jurisdictions where Messages are transmitted, received or processed.
Contacts means natural persons who are Recipients of Messages, including subscribers, whether individuals or bodies corporate.
Messages means email, SMS and other electronic messages transmitted via the Ortto Services.
Permission means the Contact having first completed an opt in, has a genuine pre-existing relationship with the party transmitting the Message of 12 months, or expressly provided permission to receive Messages, including permission to monitor and track Messages via the Ortto Services.
Subscribers means Contacts who receive and transmit Messages.
Acceptable use policy
In order to use Ortto Services you must:
- be over 18 years of age;
- have completed registration with Ortto to receive Services;
- have provided full clear and accurate information to Ortto; and
You are responsible for obtaining all Permissions. Permissions obtained do not extend to Messages outside of the scope of the Permission granted. Permissions granted do not extend to affiliates of the recipient. In the event of a dispute, you will furnish us with full evidence of all Permissions obtained.
All Messages sent by you must comply with Anti-Spam Laws, and with the following requirements:
- You can only send Messages to Contacts who have opted in, and given Permission to receive email from you.
- You must include Ortto’s unsubscribe link; it’s inserted automatically at the bottom of all emails, however you can customize if you’d like to do so (but please keep in mind the US CAN-SPAM Act requirement that it be "clear and conspicuous"). You must not use an outside unsubscribe or abuse reporting process. If a Contact wishes to revoke their Permission, or unsubscribe, ensure they wishes are carried out in a timely manner, and that they are actually unsubscribed, such that they do not receive further messages.
- You must include your contact information inside every email that you send, including a physical mailing address or PO Box where you can receive mail (not a website or email address).
- You must not falsify your contact information or subject line.
- You must comply with Anti-Spam Laws including the US CAN-SPAM Act. In addition to the other points in this policy, your Anti-Spam Law compliance obligations include:
- avoiding using a misleading header for your emails,
- ensuring your email’s subject line matches the content it contains,
- address the fact that your emails are ads, and
- include your business address in all Messages.
- In addition to CAN-SPAM rules, you must comply with the Anti-Spam LLaws of the countries your Contacts live in. So, if you’re sending Messages to Canadian residents and US residents, check the Canadian Anti-Spam Laws to make sure you’re also compliant in Canada. You are responsible for compliance, and obligations may differ by jurisdiction.
- You must comply with all data protection laws and regulations which apply in the jurisdictions where you transmit Messages, and where they are received or processed, including ensuring that you do not include any sensitive data. This means (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof), (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), (c) employment, financial, genetic, biometric or health information, (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation, (e) account passwords, (f) date of birth, (g) criminal history, (h) mother’s maiden name or (i) any other information or combinations of information that is deemed sensitive under the legal framework of any applicable jurisdiction. To the extent you do so, you remain solely liable for claims which may arise resulting from the handling of such data.
Some industries have above average abuse reports. This can jeopardize the deliverability of our entire system. In order to maintain the highest possible delivery rates, we do not allow businesses that offer these types of products, services or content:
- Messages which may be contrary to Ortto’s recommendations;
- Messages outside of the scope of the applicable Permission;
- Messages which may be contrary to law, regulations or industry standards, carrier guidelines, or policies of recognized industry bodies or associations;
- Messages involving list washing (sending to see what bounces or delivers);
- Recruitment or employment services;
- Escort and dating services;
- Services offering pornographic material, involving nudity or adult novelty items;
- Messages offering services to a minor, or person under 18 years, or the age of consent in the jurisdiction(s) where the emails are transmitted and received;
- Messages purporting to offer unregistered or unwelcome financial services, or unqualified financial advice, including ForEx or trading in stocks or securities;
- Pharmaceutical products;
- Work from home, make money online, and lead generation opportunities;
- Gambling services or products;
- Messages marketing or offering illegal weapons, where contrary to the legal restrictions in the applicable transmitting and receiving jurisdiction;
- Multi-level marketing;
- Affiliate marketing;
- Credit repair, mortgage, loans or get out of debt opportunities;
- List brokers or list rental services;
- Selling “likes” or followers for a social media platform;
- Messages which may be deceptive, misleading, fraudulent, (including Messages which appear to be sent from an official source where this is fraudulent), defamatory, libelous, offensive, objectionable or which may include blatant, lewd, filthy or profane expressions;
- Messages which may contain threats or harassment, incite hate, prejudice, racism, violence, or illegal activity; or
- Any similar activity which in Ortto’s determination, may be harmful to the Ortto’s good name and reputation, to the Ortto Services or to the recipient(s).
This policy applies to SMS Messages transmitted via Ortto’s Services.
You agree not to send Messages:
- Via a distribution group email address; or
- To Contacts obtained from a third party, conference, tradeshow, or event of multiple vendors where attendees have not explicitly opted in to your Messages at sign up; or
- To Contacts whose email addresses have been purchased, rented or loaned or from scraping, copying or from any physical or electronic source;
Ortto discretion and final determination
Ortto retains the sole discretion to determine whether Messages via Ortto’s Services are in breach of this policy. The decision of Ortto is final.
Tips on how to comply with this policy
Never upload or send to purchased lists, rented lists, or third party lists of any kind. Avoid importing contacts who have opted-out from receiving your emails. If you need to do (i.e. if you have a purpose for having the contact in Ortto other than emailing them), then ensure that you include an email permission field in your spreadsheet, and map that field to Ortto’s email permission field as part of the import.