Sales|Email Spam Act

Linx Software and the Spam Act

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, such as finance brokers and aggregators, to use it too.

However, in so doing, we all need to be aware of the importance of complying with the Spam Act 2003 (the relevant law applicable in Australia).

The following describes our policy and how we comply with the Act.

What is Spam?

It may be worth explaining, first, what is meant by "spam"

"Spam" is not, in fact, defined in the Spam 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 lender, professional association or a lending-industry supplier offering their services. In fact you may well welcome the latter kind of email as a good source of information.  

Our Compliance

Here are the key requirements of the Spam Act and how we comply:

Subject	Requirement	Compliance
Consent	The Act permits the sending of email where there is explicit or inferred consent. Inferred consent is where an email address is conspicuously published (ie. made available for public viewing) where it would be reasonable to expect to receive emails relating to the employment function or role of that person.	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 lending industry (emails, trade shows, functions, etc); business cards displaying an email address, including  from competitions such as Lucky Door Prizes; 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 mortgage or finance broking, as known at the time of entry.
No Harvesting	Electronic harvesting of email addresses from the Web are not permitted.	No harvesting software is used – all addresses 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 and generally include address, phone number, Web site and ACN or 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 and are processed within a few hours of receipt. Tip: Any unsubscribe request should be sent from the same address as it was addressed to. (Sometimes mail is forwarded to a different address and the original address cannot be determined).

Notes

This is not intended as legal comment or advice. You can find out more by reading "Spam Act 2003: A Practical Guide for Business" (PDF 239Kb). (If you need Acrobat PDF Reader you can download it free from Adobe).

If the link to the above guide has changed, try the Australian Government Web site here: www.dbcde.gov.au. 

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.