This statement sets out the operating procedures bSpec undertakes to ensure CAN-SPAM best practice is observed to the greatest extent possible, at all times.
What is CAN-SPAM?
Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) is a law that establishes the rules for commercial email and commercial messages, gives recipients the right to have a business stop emailing them, and outlines the penalties incurred for those who violate the law.
The Bureau of Consumer Protection notes that CAN-SPAM doesn’t just apply to bulk email. “It covers all commercial messages, which the law defines as ‘any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,’ including email that promotes content on commercial websites. The law makes no exception for business-to-business email.” It does, however, exempt transactional and relationship messages.
bSpec and CAN-SPAM compliance
In addition to appointing a compliance officer to oversee our adherence to the rules, bSpec have engaged 3rd party compliance expertise to audit and advise on best practice. This investment enables us to assure clients that CAN-SPAM best practices are strictly observed wherever possible, at all times.
bSpec services
bSpec’s marketing activity
bSpec’s services are designed to help other business do promotional activities to other businesses – B2B Marketing Services. bSpec has designed technical and operational procedures that follow all aspects of CAN-SPAM.
Don’t use false or misleading header information.
Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
All messages sent by bSpec are technically constructed by the best practices.
Don’t use deceptive subject lines.
The subject line must accurately reflect the content of the message.
All messages have clear subject line of the intention of the content.
Identify the message as an ad.
The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
All messages are written by our employees and clearly indicate the intention of the message.
Tell recipients where you’re located.
Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
All messages sent by bSpec are technically constructed by the best practices.
Tell recipients how to opt out of receiving future email from you.
Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
All individuals have the right to request to have some or all data removed from our systems at any time. If individual agrees we keep minimum data in order to prevent future messaging. If individuals ask all data to be removed, we keep one-way encrypted info in order to prevent future messaging.
Honor opt-out requests promptly.
Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
All individuals have the right to request to have some or all data removed from our systems at any time. The request are processed within 72 hours. If individual agrees we keep minimum data in order to prevent future messaging. If individuals ask all data to be removed, we keep one-way encrypted info in order to prevent future messaging.
Monitor what others are doing on your behalf.
The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
All bSpec marketing activities are done in house following the principles of CAN-SPAM.
bSpec Employees
All bSpec employees undergo CAN-SPAM and general compliance training, this covers the CAN-SPAM rule set in detail, the relevance and impact of those rules on bSpec and our clients, and the steps we take to ensure best practice is observed at all times. We also make clear the consequences associated with failure to meet the strict CAN-SPAM standards.
updated: January 2022
