Professional code of ethics and anti-spam for email marketing

Odiso encourages its clients to adhere to a professional code of ethics for email marketing in order to guarantee and restore trust between the email sender and its recipient while also respecting the legislation and regulations currently in force.

As a member of the ‘syndicat National de la Communication Directe’ (French equivalent of the DMA), Odiso (subsidiary of the Oxygem group) respects and recommends to its clients, adherence to the ethical code of electronic communication as edited by the SNCD.

This code of good behavior concerning direct marketing and available for viewing at the following address (http://www.sncd.org/deontologie/deonto_emailing_tpm.php), has been officially approved by the CNIL (French data protection authority) on the 22nd March 2005.

Client Promise

The client must do all in its power to ensure that the content of their email broadcast and of their web site conforms to the legislation and regulations currently in force, particularly the law 2004-575 of the 21st June 2004 relating to trust in the digital economy.

As such, with every email sent directly or indirectly from their account, the client recognises and accepts all of the following:

- To identify, as such, all promotional emails. This should be done within the body of the message and in the subject line.
- To indicate as clearly as possible the complete identity of the message sender
- To put in place for the message recipient, the right to access, oppose and rectify any personal information concerning them.
- To put in place for the message receiver a simple, clear and effective unsubscribe link
- To put in place a system which allows the message receiver to unsubscribe from the web site’s “newsletter”. To this should be added the possibility to unsubscribe from the totality of the services provided.
- To only carry out BtoC broadcasts on opt-in addresses.
- To respect the “double opt-in” rule according to which only those having given their explicit consent should receive partner offers from the web site.
- Not to obtain message recipients consent via a pre-filled recruitment system (for example a pre-filled tick box). This opt in process should also be distinct from the subscription process itself.
- To only carry out BtoB broadcasts on professional addresses and where the message receivers professional role is relevant to the message content.
- To put in place, for the message recipient, the possibility to modify his/her subscription to the service in a simple clear and effective manner.

The client accepts complete editorial responsibility for all the material featured on their site and within their email campaigns. As such the client will abstain from sending messages which intentionally attempt to interfere with public order and commonly accepted standards of behavior particularly messages of a political, violent, erotic or pornographic nature.

Coordinated actions between the client and Odiso

The client and Odiso acknowledge that Odiso is not a private judge and will not, in any case, voice its opinion on the content of the client’s site or email campaigns. Nevertheless, the client acknowledges Odiso’s unilateral right to refuse or suspend access to its services in the case of any behavior considered to be litigious by Odiso.

All content of an intentionally counterfeit, illicit or illegal nature is to be considered as litigious as well as any message likely to offend the message recipient in any way. It is accepted that Odiso’s evaluation of such content will be done as it would be by any normally reasonable authority. Any document containing such information will be simply erased from the servers as a principle of precaution.

Odiso cannot however be held responsible for the diffusion of documents which do not respect the present ethical model and more generally the legislation and regulations currently in force.

Odiso’s commitments

Client confidentiality

The information stored on its servers and transmitted by its clients is considered, in all respects, as confidential and will be treated as such. The client accords to Odiso however the right to consult/access this information in order to verify adherence to the ethical model laid out here or in response to any third party complaints considered by Odiso to be legitimate (particularly complaints from internet users or internet access providers). In such a situation, access to client information would be restricted to Odiso collaborators in possession of the necessary skills and only when strictly necessary in order to maintain complete confidentiality.

Professional discretion

The information stored on Odiso’s servers or entrusted to Odiso by its clients remains strictly confidential and will not, in any circumstances, be disclosed.

Client information security

Physical security : Odiso does everything in its power to limit access to the location where the central server is situated as well as to the totality of the computing equipment. It has also put in place an internal procedure ensuring that no external figure can have access.

Logical security: Odiso does everything in its power to ensure that information flow is managed securely while continually adhering to appropriate regulations and best practices in the business.

Odiso’s responsibility

Unless by legal or contractual agreement, Odiso does not possess, nor will it acquire, any property rights over the information entrusted to Odiso by its clients. As a result, Odiso cannot be held responsible for the actions or omissions of its clients.