In email marketing, there is a real difference between having access to an email list and having permission to send to it. Just because you have a collection of addresses does not mean those people want to hear from you. Sending to contacts without proper permission damages your sender reputation and, under POPIA, can expose your business to compliance risk. A clean, permission-based list is the only list worth having.
What is permission?
A subscriber must have given you a clear, affirmative signal that they want to receive your emails. If anyone would be surprised to see your message in their inbox, you do not have the right permission.
Does this count as permission?
Here are common ways email addresses get collected, and whether they qualify.
I bought or rented a 100% opt-in list from a reputable list broker
NO. Regardless of what the list broker claims, third-party purchased or rented lists are not permitted on TouchBasePro, and you should not use them on any platform. The people on that list never asked to hear from you. That applies to industry-specific directories too, such as Adbase for photographers. A purchased list is a purchased list.
Everyone signed up through a signup in my store or on my website
YES. That is clear, direct permission. A few things to keep in mind: only send what you promised to send; do not wait months before sending the first email; and keep a consistent sending schedule. People forget about lists they joined. Staying relevant and regular is how you remind them why they signed up.
We sponsored a trade show and got a list of everyone who attended
NO. This is common, but it does not count as permission. Attendees may have agreed to share their details with the event organiser, but that is not explicit, direct permission for your company to start emailing them. Attendee lists from trade shows and conferences are not permitted on TouchBasePro, even if the event organiser says otherwise.
We sponsored a trade show and people signed up at our booth for our newsletter
YES. Those people know who you are and have shown direct interest in hearing from you. Follow up promptly after the event and mention their visit to your booth in the first email.
This list is a few years old. Everyone signed up through my website, at a booth, or in-store
MAYBE. Permission goes stale. If you have not emailed these contacts in the past year or so, many will have forgotten about you or lost interest. If it has been between six months and a year since you last sent, start with a re-confirmation email. Ask them to confirm they still want to hear from you, and remove anyone who does not respond.
These are all paying customers from my store or website
MAYBE. Current or recent customers, meaning those who purchased within the last two years, represent a reasonable existing relationship. Beyond two years with no regular contact, that permission has lapsed. Use it or lose it.
These are paying customers from my poker site, adult site, or pharmaceutical site
NO. TouchBasePro does not allow the sending of gambling, adult, or pharmaceutical content, even from fully legitimate businesses. This is part of how we protect deliverability and sender reputation across the platform.
They all bought something from my eBay store
NO. eBay buyers do not expect marketing email from sellers. The permission they granted when sharing their address covers the transaction only. Unless your eBay customers sign up directly for your newsletter, their addresses cannot be used here.
They registered for my site, forum, or free Wi-Fi and agreed to the privacy policy or terms of use
MAYBE. Agreeing to terms is not the same as opting in to a mailing list. If they ticked a clearly labelled, unticked checkbox agreeing to receive your newsletter, that works. Burying a reference to marketing emails inside your terms and conditions does not. Most people never read those documents, and this approach leads to spam complaints and fake email addresses. Put the opt-in on the sign-up page where it is visible.
We're a recruitment agency and these are all our candidates or employer clients
MAYBE. You can email your clients, the employers who have used your recruitment services. Candidates are a different matter. You need direct permission from each candidate, either verbally confirmed or via an explicit electronic opt-in. A reference to newsletters buried in a contract or website terms does not qualify.
They are in the member directory of my local business chamber, real estate organisation, or sports association
NO. Being listed in a directory is not an opt-in, even if the organisation tells you it is fine to email members. If you have spoken directly to someone in the directory and they have given you explicit permission, you can add that individual to your list. The directory itself does not grant you that right.
We ran a competition and these are all the people who entered
MAYBE. Be careful here. Competition lists generate a high rate of spam complaints. If someone gave you their address to enter a draw, the only email you can send them relates to the competition outcome. You do not have permission to send them unrelated marketing content. Hiding "you agree to receive marketing emails" in tiny print in the terms and conditions does not change that.
It is a different story if the competition was explicitly promoted as a reason to subscribe to your newsletter. In that case, people understood what they were signing up for.
I just started a new company and I'm emailing the customers of my current company
MAYBE. In most cases, this is not acceptable. Those people gave permission in a specific context, relating to a specific company and its products. They did not sign up to hear about a new venture, even if you are the person behind it.
These people all contacted me through my website
NO. Submitting a question or comment is not the same as opting in. Even if your contact form says "send me more information," that authorises you to respond to their specific query, not to add them to a mailing list. Unless your form includes a clearly visible opt-in checkbox and they ticked it, you do not have permission.
These are all my friends, colleagues, or family members
MAYBE. Personal relationships do not substitute for explicit consent. Ask them directly if they want to be added to your list. Most will say yes, and then you have actual permission.
They are all group members, followers, or fans from LinkedIn or Facebook
NO. Following you or joining a group signals interest, but it is not a direct opt-in for email marketing. Do not assume that a social connection means they want to be on your mailing list.
The short version
Permission means being upfront with the people whose addresses you collect and then delivering exactly what they agreed to receive. If there is any ambiguity about whether someone actually asked to hear from you, treat it as a no. Anything less will be seen as spam, because that is what it is.
Frequently asked questions
- Can I use a purchased email list with TouchBasePro?
- No. Purchased or rented lists are not permitted on TouchBasePro under any circumstances. The people on those lists never opted in to hear from your company specifically, regardless of what the list broker claims.
- How old can my email list be before I need to ask subscribers to re-confirm?
- If you have not contacted your list in six months to a year, send a re-confirmation email before resuming regular sends. Beyond a year of silence, the permission has effectively lapsed and you should not send without re-confirmation.
- Does agreeing to a website's terms and conditions count as email marketing consent?
- No. Burying a reference to marketing emails inside a privacy policy or terms document is not valid consent. You need a clearly labelled, unticked checkbox on the sign-up form itself.
- Can I email trade show attendees if the event organiser says it is allowed?
- No. An attendee list from a trade show or conference does not constitute direct opt-in permission for your company. Only contacts who signed up specifically at your booth or stand may be added to your list.