Scope
These rules apply to products, services and websites (collectively “services”) provided by Splio. Splio shall not be held responsible or liable of content disclosed by its customers, maintaining their own separate and independent privacy policies.Following the ethics of this document, it is understood that Splio may in no circumstances use all or part of the files provided by its customer in the interest of a third party (including resale or rental, for free or charged).
It is therefore clearly understood that Splio has no mailing list that the customer could use to promote any product or service.
Definitions
Spam
Is called spam, any message, profit-making or not, shipped to individuals, moral or physical, who did not explicitly and individually made the request to receive such messages.Anti-spam rules
Are called anti-spam rule any law, or rule imposed by the receivers and establishing best practices for sending electronic messages. These include CAN-SPAM Act, French “Informatique et Liberté” law, best practices published by the CNIL, best practices imposed by major ISPs and webmails, best practices proposed by groups like ESPC, MAAWG, etc..Source
Is called source any information or evidence allowing to determine the source of contact information and the collection methods used.Best practices
Splio asks its customers to abide by certain laws or agreements with Internet service providers and operators to ensure better delivery of messages:- Type of message the subscribe will receive and communications’ frequency should be noticed.
- Message must include a clearly visible unsubscribe link; unsubscribes must be honored within 5 days.
- Consistent sender name and revealing subject about the content of the message.
- Message must include the sender's valid physical postal address.
Opt-in
Although French law doesn’t forbid sending messages to people who filled in forms including personal information and who explicitly allowed resale or rental of all or part of this information to third-parties (through “opt-in” or “opt-out” methods), customers acknowledge that addresses harvesting is usually abusive and messages sent to people whose addresses have been collected through these processes could greatly disturb these recipients.Thus customers agree not to import in his subscribers base any file, from legal origin or not, about people who did not directly asked to appear in.
Furthermore, Splio advises its customers to use double or confirmed opt-in for populating their base.
CNIL Declaration (in case of French recipients)
In accordance with the section 16 of the 6 January 1978 act, the subscribers bases used through Splio services must be declared to the CNIL by the customer.The customer can download a template form, available on the CNIL website at http://www.cnil.fr.
Audit previous to first use
Splio global policy preaches stable, crystal-clear and long-term relationship with its customers.Splio performs several checks before the customer’s first sending and reserves the right to refuse sending messages until a minimum amount of rules is respected. Splio is committed to helping its clients follow a number of rules in order to respect the privacy of their subscribers, and best practices for sending electronic message (email or SMS) sent through the services provided by Splio.
Splio customers must provide the source of subscribers’ information; Splio reserves the right to refuse the use of a contact base if source is missing or unsatisfactory.
Audits during service use
Checks are automatically processed before each campaign to ensure proper compliance with the Anti-spam rules. If the customer fails to respect these rules, Splio reserves the right to stop, prevent or cancel any sending likely to endanger its integrity.Under the Splio use of services, customer agrees to:
- Ensure that data will be used only for the reason why it has been collected ;
- Ensure that information collection is not fraudulent, unfair or illegal and that people are well informed of the purpose of the collection;
- Ensure that if collected, anysensitive information (race, political views, philosophical or religious opinion, morals and convictions) is collected in accordance with the law, and that no social security number is used without authorization;
- Ensure that data isn’t retained beyond the period indicated to the customer, that it is updated when it becomes outdated, and that third-parties which have had access to ithave been informed of this update;
- Ensure that processes are subject to maximum security, so that no misappropriation can be made;
- Ensure that data is not disclosed to unauthorized persons;
- Ensure that anypotential resale of the data is realized within the legal framework;
- Ensure that the establishment of transborder data flows is in line with each country’s law.
The use of Splio services for sending unsolicited e-mails or SMS, or any other kind of message not voluntarily required by recipients (see definition of “spam”) goes against the general rules of data protection and personal privacy.
Splio shall in no event be held responsible for any harm that would result from such practices.
Unsubscribes and privacy policy
In accordance with the section 36 of the 6 January 1978 act, customers undertake to inform people whose data is collected about rights recognized by the law: right of access, right of rectification, right of opposition and deletion of data and personal information.Customer must, in every campaign, propose to its subscribers at least one method to unsubscribe. Splio provides an unsubscribe link for each message sent. As a technical provider, Splio guarantees the subscriber that their address has been removed from the customer’s database. The customer shall, in accordance with the law, take it into account in future mailings.
However, if the customer asks Splio not to insert unsubscribe link into messages, the customer thus agrees to fulfill itself any unsubscribe requests made by its subscribers.
If for some reason, the unsubscribe link included in the message sent by a Splio customer doesn’t work, contact Splio “abuse” department at abuse@splio.fr, enclosing the message. Any unsubscribe request received by Splio is taken into account and processed as soon as possible. A global unsubscribe form will be available shortly. Filling it in, you will no longer receive mail from Splio.
In case of spam complaint
Splio takes the reported spam complaints very seriously, especially because any complaint harms the reputation of IP addresses owned by Splio. In case of complaint and non compliance with French and recipient’s country laws, Splio reserves the right to initiate legal proceedings against the sender.The sender shall also provide the source of all contacts used during the offending sending.