Individual and Business
Customers
Where you have obtained contact details in the context of the
sale of a product or service, you may only use these details for
direct marketing by electronic mail if the following conditions are
met:
- the product or service you are marketing is of a kind similar
to that which you sold to the customer at the time you obtained
their contact details
- At the time you collected the details, you gave the customer
the opportunity to object, in an easy manner and without charge,
to their use for marketing purposes
- Each time you send a marketing message, you give the customer
the right to object to receipt of further messages
- The sale of the product or service occurred not more than
twelve months prior to the sending of the electronic marketing
communication or, where applicable, the contact details were used
for the sending of an electronic marketing communication in
that twelve month period.
NOTE: In relation to 4 above, if the subscriber fails to
unsubscribe using the cost free means provided to them by the direct
marketer, they will be deemed to have remained opted-in to the
receipt of such electronic mail for a twelve month period from the
date of issue to them of the most recent marketing electronic
mail.
Individuals (“Natural Persons”) who
are not Customers
If an individual is not a customer, you may not use electronic
mail to send a marketing message to their contact address unless you
have obtained the prior consent of that individual to the receipt of
such messages – a consent that can be withdrawn at any time.
Business Contacts (Customers and
non Customers)
You may not use electronic mail to send a
marketing message to a business contact address/number if the subscriber has notified you
that they do not consent to the receipt of such communications.