Spam policy

TouchBasePro does not sell or provide email list or databases. TouchBasePro does not allow the sending of bulk unsolicited commercial emails (SPAM). We have measures in place to check and stop such messages. Abuse of this bulk messaging service can result in your account being suspended or closed, and can result in a fine being levied against you depending on the severity of abuse, and damages incurred by TouchBasePro. You are liable for the repercussions of any misconduct, please read our full legal terms and conditions.

WHY DOESN’T TOUCHBASEPRO ALLOW SENDING OF BULK UNSOLICITED MESSAGES?

  • Firstly it is a technical issue; we need to protect the reputation of our IP addresses in order to ensure good deliverability. Bulk unsolicited emails; result in Spam complaints from recipients. To over simplify the issue for the sake of clarity, Spam complaints tend to hang around and contribute to our server’s ranking on various Spam filters and mail server rules all over the world. We need those mail servers and spam filters to accept the mass emails that we send on behalf of our clients. So we have to follow the rules and not send junk mail. In the long run this is good for you (if you are our client) as you can be sure of maximum deliverability of your email messages.

  • It is illegal to send unsolicited commercial communication. We don’t make the rules, the consumers (your recipients) and their elected representatives make the rules. South African legislation forbids the sending of unsolicited commercial communication. International legislation is even stricter and spam complaints made overseas can affect you even if you are based in South Africa. If fines are levied for spam complaints on your campaigns you will be held liable.


UNACCEPTABLE SPAM OFFENCES

TouchBasePro reserves the right to impose monetary fines in the event unacceptable spamming behaviour. Spamming offences include any of the following:
  • A. A recipient of a campaign complains directly or indirectly to our abuse department that the said email is unsolicited.
  • B. The failed delivery count for any individual campaign is above twenty percent of the total amount of messages sent in that campaign.
  • C. The total unsubscribe count is greater than ten percent of the total amount of messages sent in that campaign.

Points A, B and C in this section are deemed to be actions which exhibit non-compliance with the TouchBasePro anti-spam policy and referred to as spam offences. TouchBasePro reserves the right to take appropriate action against any Customer Account that exhibits unacceptable spamming behaviour. The figures mentioned above are far more than the average numbers that can reasonably be expected from any legitimate optin email marketing campaign.

SUBSCRIBER LIST SOURCE INFORMATION
In compliance with the South African Electronic Communications and Transactions Act, 21 of 2002 each email address or mobile phone number that the Customer uploads to TouchBasePro, must have documented record of where the email address or mobile phone number was obtained from. This means the Customer must keep a record of when and how each subscriber opted in. This information must be made available on request within four working days of the request being issued.

Note: TouchBasePro will log a record of all new subscribers that optin to the list once it is uploaded to our system. This information can be viewed or exported under the “subscriber lists” section in your account.

ISPA TAKE DOWN PROCEDURE
We nominate ISPA as our agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act. Internet Service Providers' Association (ISPA)
Address: PO Box 518, Noordwyk, 1687
Telephone: 010 500 1200
Email: complaints@ispa.org.za


AGREEMENT
This Spam Policy forms part of your Agreement with us and your Services may be suspended or terminated for breach of this Spam Policy in accordance with the Terms and Conditions. You are responsible for violations of this policy by you or anyone using your account, whether authorised by you or not. If you have any questions, please contact us at support@touchbasepro.com.