DALMOSSYSTEMS

Acceptable use policy for Sparsa by Dalmos

Effective from:

This policy is available in English and Croatian. Hrvatski

This policy says how Sparsa may and may not be used. It is part of the Sparsa terms of service and applies to every customer and to everyone the customer allows to use Sparsa. Sparsa is provided by DALMOS SYSTEMS, obrt za informatičke usluge, vl. Noa Matas, Šibenik, Ulica Sedmog kontinenta 1 (MBO 99393786) ("Dalmos Systems", "we"). Every customer sends from its own domain, but all customers share the reputation of the same sending infrastructure, so one customer’s spam harms everyone. That is why these rules are strict and why we enforce them.

1. Send only to people who may receive your e-mail

1.1 Every recipient needs a lawful basis for every topic you send on. For newsletters and other marketing e-mail this means the person’s prior consent, given for that topic, freely, specifically, informed and by a clear action.

1.2 The only exception is the "soft opt-in" for your own existing customers (Article 13(2) of the ePrivacy Directive, Article 50(2) of the Croatian Electronic Communications Act): you obtained the address yourself in the sale or negotiation of a product or service, you write only about your own similar products or services, and the person was clearly offered the chance to object, free of charge, when you collected the address and is offered it in every message. In Sparsa the soft opt-in is off until your administrator switches it on and accepts our guidance; then it counts only for topics marked "own similar products" and only for contacts with a recorded sale or negotiation date, the product or service, and a record that the objection was offered.

1.3 These rules apply to every address, including business addresses of named people and generic business addresses.

1.4 You must be able to show for every recipient when and how they agreed, or why the soft opt-in applies.

2. Lists you must not use

You must not send to, import or upload:

  • bought, rented, borrowed, shared or exchanged lists, or lists from a list broker or data provider;
  • addresses collected by scraping, harvesting or guessing, or generated addresses;
  • addresses added to your data by a third party ("e-mail append" or "data enrichment");
  • addresses collected for another purpose, for example only for an order confirmation, a contest or a business card, without consent to receive your newsletters;
  • addresses of people who unsubscribed, complained or asked for their data to be erased, under any other topic, list, account or service.

3. Imports need an attestation

3.1 Every import of addresses needs an attestation for each topic it covers: the lawful basis (consent or, if you have switched it on, soft opt-in), where the addresses came from, and when they were collected. Sparsa stores the attestation with the import for 3 years as evidence. An import without an attestation is refused.

3.2 Wording of the attestation on the import screen:

I confirm that every address in this file may receive e-mail on the topic "‹topic›" on the lawful basis selected below, that ‹organisation› collected these addresses itself as described below, and that none of them was bought, rented, scraped, generated or appended. I understand that an import cannot record consent to measuring opens and clicks.

Lawful basis: consent / soft opt-in for own similar products · Source of the addresses: own web form / event or fair / sale or negotiation / paper form / other · Collected on: ‹date›

3.3 A false attestation is a material breach of this policy.

4. Consent to measuring opens and clicks

Sparsa measures opens and clicks only for people who ticked the separate, optional measurement box themselves, on a Sparsa form, on the preference page, or through another record of their own action with evidence. You must not import this consent, record it on a person’s behalf, pre-tick it, or make a subscription depend on it.

5. What every message must contain

  • Your real identity as the sender, in the From name and in the footer, with a valid postal or identity line.
  • A working unsubscribe link (Sparsa adds it and the one-click unsubscribe header; you must not remove or hide them).
  • A subject line and From name that are not misleading about the sender or the content.
  • Content that matches the topic the person agreed to.

6. Content you must not send

  • Anything unlawful, or anything that infringes another person’s rights, such as copyright, trade marks or privacy.
  • Phishing, malware, links to malware, or content that tries to obtain passwords, payment data or other credentials.
  • Deceptive or fraudulent offers, pyramid or "get rich quick" schemes, fake invoices, fake prizes.
  • Content that incites hatred or violence, or sexually explicit content.
  • Offers of gambling, medicines, financial or other regulated products and services without the licence the law requires, or to people the law protects from them.
  • Special categories of personal data (such as health, religion or political opinions) in lists, segments, imports or personalised content.

7. Technical rules

  • Send only from domains you own or are authorised to use, authenticated as Sparsa’s domain wizard shows.
  • Do not try to get around Sparsa’s limits, warm-up, pacing, consent check, suppression list or pauses, for example by opening further accounts or splitting lists.
  • Do not interfere with Sparsa, its recipient pages or other customers, and do not test its security without our written agreement.

8. How we enforce this policy

8.1 We watch the signals that show abuse. A complaint rate of 0.10 % (over 7 days, from 500 delivered messages) or a hard-bounce rate of 2 % in a campaign triggers a warning. A complaint rate of 0.30 % or a hard-bounce rate of 5 % in a campaign pauses your sending automatically. Amazon SES may also pause your sending on its own findings.

8.2 Your first campaign is sent only after Dalmos Systems has approved it.

8.3 We may pause your sending at once and without notice when a threshold is reached, when Amazon SES reports a finding, or when we receive an abuse report that we consider credible. We resume it once the cause has been found and removed; we may ask you for evidence of consent or for a corrected list.

8.4 We may terminate the agreement for a material breach of this policy, for example a bought list or a false attestation, or for repeated breaches.

8.5 A spam complaint counts as an objection: the person is suppressed for every topic of your account and their withdrawal is recorded with their contact. You cannot lift suppressions caused by unsubscribes, complaints, hard bounces or erasures.

9. Reporting abuse

9.1 Anyone who receives unwanted e-mail sent through Sparsa can report it to abuse@dalmossystems.com, ideally with the full message including its headers. Please do not send us anything else about yourself.

9.2 We answer every report within 15 days, keep a record of reports and the actions taken for 3 years, and cooperate with the Croatian authorities, HAKOM and the Personal Data Protection Agency (AZOP), on request.

10. Changes

We may update this policy. We publish the new version on this page with its effective date and inform customers by e-mail at least 30 days before a material change takes effect, unless the law or an urgent abuse risk requires a faster change. Questions: service@dalmossystems.com.