Linx Software & the Spam Act
We believe that electronic communication, such as by email, is the most effective and efficient means of communication available to businesses today. Not only is it instant but it helps save the environment. As an IT company we not only use it ourselves but encourage our clients to use it too.
However, in so doing, we all need to be aware of the importance of complying with relevant anti-spam regulations, such as the Spam Act 2003 which applies in Australia and similar legislation which exists in other countries.
The following describes our policy and how we comply with the Spam Act 2003 ("the Act").
What is Spam?
It may be worth explaining, first, what is meant by "spam". "Spam" is not, in fact, defined in the Act. However, the Act refers to "unsolicited commercial electronic messages" and so, in the discussion below, "spam" is taken to have that meaning and is specifically applied to email.
There is much talk about all advertising email being spam - with the implication that all spam is illegal. It is not. The Act permits the use of email for marketing purposes providing certain conditions are closely adhered to.
Clearly there is a considerable difference between receiving dubious emails from unknown entities and one from, say, Officeworks offering you stationery supplies for your business, or an email from a professional association or a finance-industry supplier offering their services. In fact you may well welcome the latter kind of email as a good source of information.
Here are the key requirements of the Act and how we comply:
|Consent||The Act permits the sending of email where there is explicit or inferred consent. |
"Consent may also be inferred when someone conspicuously publishes their work-related electronic address (for example, on a website, brochure or magazine); and your business wants to send them a commercial electronic message that relates directly to that person's line of work." - ACMA
|Linx Software has a mailing list made up of both explicit and inferred consent contacts. While the exact source of each email address is not recorded they are collectively compiled from sources such as enquiries from those in the financial services industry (emails, trade shows, functions, etc); business cards displaying an email address; trade show attendance lists or competitions; publicly-available Web sites and past clients or other contacts in our email In Box.|
The exception to the above is where any of these sources displays a "no spam" or similar message – these are obviously excluded.
|Relevant to Job Role||Communications must be relevant to job role of recipient.||All emails are related to the work-function of the recipient, such as financial-services broking or planning, as known at the time of entry.|
|No Harvesting||Electronic harvesting of email addresses from the Web is not permitted.||No harvesting software is used. All records are manually collated and managed.|
|Identification||The Act requires clear identification of the sender.||All emails from Linx Software fully and accurately identify the sender. Generally this includes address, phone number, Web site and ABN.|
|Unsubscribe Function||The Act requires senders to have a functional unsubscribe facility and to act on it within five days.||All emails from Linx Software have a convenient unsubscribe link or instructions and are generally processed within a few hours of receipt, and never more that five days. |
(Tip: Any unsubscribe request should be sent from the same address it was addressed to. Sometimes mail is forwarded to a different address and the original address cannot be determined).
This is not intended as legal comment or advice. You can find out more by reading the Spam Act 2003: A Practical Guide for Business (PDF 239Kb). (If you need Acrobat PDF Reader you can download it free from Adobe).
There is also a very good FAQ from ACMA here: http://www.acma.gov.au/WEB/STANDARD/pc=PC_310525
If you are outside Australia and feel that our communications do not meet your local regulations please let us know of your concerns. We will make every effort to comply.
Thank you - we hope this has answered any questions you might have about our Spam policy.