Unsolicited Electronic Messages Act
At Martins, we take data privacy and compliance seriously. We adhere to the highest standards to ensure that your data is handled with the utmost care and in full compliance with all relevant laws and regulations.
Learn more about how we ensure compliance and protect your data.
Unsolicited Electronic Messages Act 2007
Our email marketing practices comply with the Unsolicited Electronic Messages Act 2007. We ensure that all electronic messages sent on your behalf are compliant with this Act, including clear identification of the sender and easy unsubscribe options.
Consent: We ensure that all email addresses used have inferred or deemed consent.
Identification: Every message includes clear identification of the sender.
Unsubscribe Options: We provide easy and accessible unsubscribe options in every message.
Special Notes on Email Marketing
In terms of the Unsolicited Electronic Messages Act 2007, there are three types of Consent to be able to send a "Commercial Message".
Express Consent - i.e. fully opt-in
Inferred Consent - this is based on the fact that you have a prior business relationship - i.e. they are an existing customer
Deemed Consent - this is based on two things:
a) Email address is conspicuously published - i.e. on a website (and does not have "Do Not Email Me" disclaimer)
b) The information being sent to them is relevant to the business, role, functions, or duties of the person in a business or official capacity.
Martins Email Policy
We do often collect or verify email addresses by telephone, but although we say who we are and what we do, we may not be able to say we have Express Consent.
As our customers are generally looking for new customers/prospects, unless we are enhancing our clients' existing database with email addresses, Inferred Consent is not often used.
Deemed Consent
We go to a great deal of trouble to "find" conspicuously published email addresses and take note of the job title associated with it. We use the standard ANZSCO codes to classify their occupation. Note: Not all of our email addresses are "conspicuously published". It is up to our clients to decide that the email message they send is "Relevant to the Role of Function" of the person receiving it. The user must also comply with the other requirements of the Unsolicited Electronic Messages Act 2007, which will be out of the control of Martins. We endeavour to collect "personalised" email addresses but some emails will be more generic - i.e. "info@".
Seeking Advice From the DIA and Best Practice
If you are unsure if you have the required consent or that your email message complies with the Act, we strongly suggest you contact the Anti-spam team of the Department of Internal Affairs at info@antispam.govt.nz for advice.
Best Practice is to telephone the database prior to emailing, to establish Express Consent by asking the contacts on the database if they would like to receive email messages from your company. Once you have this, you can continue to send these contacts email messages. If you are calling you may wish to consider implementing a system to record the details of the businesses contacted, the date and time contacted, and whether consent was received to proceed with sending out a commercial electronic message. Martins will always supply Telephone and/or Mailing data with our email addresses.
Important Disclaimer
Although Martins Limited takes all reasonable steps to gain "Consent", we cannot be held liable for any subsequent action taken by the Anti-spam Department of the DIA. The Unsolicited Electronic Messages Act 2007 clearly states that the onus is on the person sending or authorising the "commercial message" to be able to clearly show "Consent".
"It is the sender of a commercial email or SMS text who must be able to prove they have the recipient's consent, not the seller of the database." - Steve O'Brien, Anti-spam Compliance Manager for the Department of Internal Affairs (DIA).