AND Agency Inc.
Anti-Spam Policy

Last Modified: May 2, 2020

Your use of AND Agency’s software, platforms and website (the “Services”) is subject to this policy. This policy is in addition to any other terms and conditions under which AND Agency Inc. (“AND Agency”) provides the Services to you (the “Agreement”).

AND Agency reserves the right to modify or change this policy at any time by posting a new version of this policy on AND Agency’s website. Unless otherwise noted, revisions are effective immediately on posting. It is your responsibility to keep up-to-date with and comply with this policy. Accordingly, we recommend that you visit the AND Agency website regularly to ensure that your activities conform to the most recent version.

Email and Text Message Requirements

You must not utilize the Services, including any survey, to send any electronic messages in a way not permitted by applicable law (including, without limitation, Canada’s Anti-Spam Legislation or the CAN-SPAM Act of 2003) or to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be sending such messages.

AND Agency has a zero-tolerance spam policy. All email and text message recipients must have opted in to, or otherwise validly consented to, receiving communications from you, the sender in accordance with applicable law.

Email messages sent in connection with a survey must contain a functioning “unsubscribe” link, in compliance with applicable law, that allows subscribers to opt out or unsubscribe from your email or text messages and is capable of being readily performed. You agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. Texted survey invitation messages you send via the Services must have a valid reply “Stop” or “Unsubscribe”. You will actively manage and process unsubscribe requests received by you without delay and in any event within ten days after the unsubscribe request is sent, and update your contact lists and records to reflect the unsubscribe requests.

Email and text messages sent via the Services must contain all identifying and contact information required to be included by the sender in accordance with applicable law. Without limiting the foregoing, emails you send via the Services must have a valid reply-to email address owned or managed by you.

You are responsible for ensuring that the email messages you send in connection with your surveys do not generate a number of spam complaints or bounce rates in excess of industry standards. If AND Agency determines that your level of spam complaints or bounce rate is higher than industry standards, we may, in our sole discretion, suspend or terminate your access to and use of the Services. If you receive low response rates, high abuse rates or high bounce rates, we may request additional information regarding your mailing lists to investigate and attempt to resolve the problem, or in some cases we may suspend or remove email privileges on your account.

Restrictions

You may only use the Services to send emails or texts to lists of people that have consented to receiving them from you. If you do not have proof that each recipient on your list opted in or otherwise validly consented to receiving your emails or texts, don’t import them into the Services. We prohibit the use of harvested mailing and other electronic address lists.

We prohibit the use of third-party, purchased, or rented mailing and other electronic address lists unless you are able to provide proof that individuals on the list have opted-in or otherwise validly consented to receiving emails or texts of the type you will be sending them.

You must not send unsolicited messages to newsgroups, message boards, distribution lists, or email or other electronic addresses.

You must not use the Services to send emails with deceptive subject lines or false or misleading header information.

Enforcement

If you are found to be in violation of this policy at any time, as determined by AND Agency in our sole discretion, we may warn you, or suspend or terminate your access to and use of all or part of the Services.

Incident Reporting

If you identify behaviour or content which you believe is in violation of this Policy, or you have any questions about this Policy, please contact AND Agency immediately at info@andishere.com, and where possible, include details that would assist AND Agency in investigating and resolving the matter.