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Spam Act 2003: A practical guide for business

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2 – IDENTIFY<br />

STEP 2 - IDENTIFY<br />

People who receive your commercial messages should be able to read them and know who you<br />

are, and how to get in contact with you. This means including accurate sender details and contact<br />

in<strong>for</strong>mation.<br />

Include clear and accurate in<strong>for</strong>mation about the person or <strong>business</strong> that is responsible <strong>for</strong> sending<br />

the commercial electronic message.<br />

WHAT IDENTIFICATION DO I NEED TO PROVIDE?<br />

To comply with the <strong>Spam</strong> <strong>Act</strong> you should ensure that accurate in<strong>for</strong>mation identifying your <strong>business</strong><br />

is provided in all commercial electronic messages you have authorised to be sent. This in<strong>for</strong>mation<br />

should include details that clearly identify your <strong>business</strong> (<strong>for</strong> example the <strong>business</strong> name) and details<br />

about how the addressee may contact you.<br />

This may be as simple as amending templates that are used <strong>for</strong> electronic letters, quotes, invoices<br />

and other messages that are sent to existing and potential customers.<br />

identify<br />

HOW ABOUT WHEN I’M USING A THIRD PARTY TO SEND<br />

THE MESSAGE?<br />

Sometimes you might use another organisation, a third party, to send commercial electronic<br />

messages on your behalf. This third party must include accurate in<strong>for</strong>mation about your <strong>business</strong>,<br />

<strong>for</strong> example; name, address and contact details.<br />

When instructing the third party to send messages on your behalf you should ensure that you<br />

provide your sender in<strong>for</strong>mation and authorise its inclusion in messages to be sent.<br />

The <strong>Spam</strong> <strong>Act</strong> does not require the third party’s in<strong>for</strong>mation to be included in the message –<br />

you may decide whether it would be appropriate or not.<br />

WHAT IF THERE ARE LIMITATIONS ON THE AMOUNT OF<br />

INFORMATION I AM ABLE TO SEND?<br />

The content of electronic messages may depend on the size and capacity of different technologies.<br />

For example, more in<strong>for</strong>mation is able to be sent by email than by SMS. In most cases it is unlikely<br />

that detailed sender in<strong>for</strong>mation and detailed unsubscribe in<strong>for</strong>mation will be able to be provided in<br />

an SMS message.<br />

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