ubisend Ltd. Legal Compliance
As the creator and sender of messages, it is up to you to remain within the rules set by the Information Commissioners Office (ICO) regulations. You should visit the ICO website and familiarise yourself on how to stay compliant.
The following guidelines are available below only as a guide, they are a summary and not a replacement for your own research and in no way are they excuse for non-compliance.
The regulations come predominantly from the Data Protection Act and The Privacy and Electronic Communications Regulations 2003. In summary, the ICO states that you many not send a message unless;
- the recipient has obtained your details through a purchase or negotiations for a purchase from you,
- the messages are concerning similar products or services through said purchase or negotiations,
- the recipient has had an opportunity to refuse messages when you collected their details, and you have provided a simple and clear way to opt out of subsequent messages.
If you are messaging existing customers then you must follow bullet points two and three above.
If you are messaging prospects, fans or followers they must have opted in and been told clearly how to opt out.
Again, the above is meant as a guide and is not using the correct legal terminology or original meaning. For more information on staying compliant, visit The ICO.
How does ubisend help you remain within the rules?
There are a number of features that help, these features are available for all subscription levels, including trial and free accounts.
- JOIN and LEAVE keywords. This lets your recipients opt-in to your messages and allows you to choose your own opt-out keyword. We recommend the opt-out keyword and instructions is contained in the first message you send the recipient. The STOP keyword is a global keyword that, if sent by a recipient, will always block you from sending further messages to them.
- Autoresponder messages. This enables you to ensure the first message you send to a recipient contains the instructions to opt-out. The autoresponder will reply to any message sent into your account, regardless if it contained a JOIN keyword.
- Recipients that have opted out of your campaigns will immediately be removed from your subscriber list and placed into your opt-out list. You can also manually move subscribers into the opt-out list should they tell they wish to opt-out via a different means of communication.
- If you create a new list and attempt to add subscribers who have already opted-out they will be automatically removed to ensure you cannot send messages to them.
- You’re able to choose the timezone for scheduled messages. This helps to ensure you’re not sending recipients messages in the middle of the night.
Important extra information
The following are some additional guidelines to help you remain in good standing with your subscribers.
- Make sure your initial messages clearly state who you are, how the recipient joined your list and how they can opt-out. This is particularly important if sending messages via SMS where the recipient can’t clearly see your company name.
- We don’t recommend purchasing lists of data. It is possible to rent, or purchase, ‘pre-opted in’ data from third-party suppliers. Your messages are much more likely to be opted-out and your account highlighted as a spam account and closed.
- Make sure you’re aware of the time of day you’re sending and frequency of messages. This is particularly important if you’re sending messages to recipients across different timezones. Your campaigns are more likely to be opted-out if you wake someone up in the middle of the night or sending them too many messages.