Post by эך|χэ on Mar 10, 2004 10:53:50 GMT -5
Australia's new SPAM Act comes into full force on 10 April 2004 and will regulate the sending of email, SMS and other electronic messages of a commercial nature with Australian Internet links.
The Act still won't cover the vast majority of SPAM, which originates outside Australia. However, the Government is hoping that its tough measures will lead to similar legislation being implemented in the US and Europe.
The SPAM Act regulates commercial electronic messages ("CEMs" ) by providing that, subject to limited exceptions, theybr]
a. must not be sent without the prior consent of the recipient. (That consent may be express or implied ("reasonably inferred" ) from the conduct, business and other relationships of the person or organisation concerned.);
b. must contain a functional unsubscribe facility; and
c. must accurately identify the sender of the message.
Important note: An addressee's failure to unsubscribe from a mailing list after having received a number of emails from Business Seminars Australia prior to the implementation of restrictions on the collection of email addresses (provided the emails clearly inform the addressee of the ability to unsubscribe and the unsubscribe facility works) is considered to constitute conduct which implies consent. Our advice is that this rationale only applies to those addressees who have already received emails prior to the Spam Act coming into force.
Business Seminars Australia's email database is managed in accordance with Privacy Act 1988 National Privacy Principles (Privacy Amendment (Private Sector) Act 2000 and it's email marketing practices comply with the provisions of the Spam Act 2003 and Spam (Consequential Amendments) Act 2003.
All email communications include a functional unsubscribe facility, including email, phone, fax and physical addresses to allow the communication of the addressee's wishes to cease receiving correspondence from Business Seminars Australia and its associated companies and sponsors.
Any request to be removed from Business seminars Australia's email database will be acted on within 24 hours of receipt of that advice, whether that advice be by email, fax, phone or mail.
The Act still won't cover the vast majority of SPAM, which originates outside Australia. However, the Government is hoping that its tough measures will lead to similar legislation being implemented in the US and Europe.
The SPAM Act regulates commercial electronic messages ("CEMs" ) by providing that, subject to limited exceptions, theybr]
a. must not be sent without the prior consent of the recipient. (That consent may be express or implied ("reasonably inferred" ) from the conduct, business and other relationships of the person or organisation concerned.);
b. must contain a functional unsubscribe facility; and
c. must accurately identify the sender of the message.
Important note: An addressee's failure to unsubscribe from a mailing list after having received a number of emails from Business Seminars Australia prior to the implementation of restrictions on the collection of email addresses (provided the emails clearly inform the addressee of the ability to unsubscribe and the unsubscribe facility works) is considered to constitute conduct which implies consent. Our advice is that this rationale only applies to those addressees who have already received emails prior to the Spam Act coming into force.
Business Seminars Australia's email database is managed in accordance with Privacy Act 1988 National Privacy Principles (Privacy Amendment (Private Sector) Act 2000 and it's email marketing practices comply with the provisions of the Spam Act 2003 and Spam (Consequential Amendments) Act 2003.
All email communications include a functional unsubscribe facility, including email, phone, fax and physical addresses to allow the communication of the addressee's wishes to cease receiving correspondence from Business Seminars Australia and its associated companies and sponsors.
Any request to be removed from Business seminars Australia's email database will be acted on within 24 hours of receipt of that advice, whether that advice be by email, fax, phone or mail.