Key Elements And Importance Of A Well Defined Privacy Policy
By Dan J. Fry

Way back in the early 1990's, before spam was even an issue, the
degree of subscriber privacy was not a question. With the new
CAN-SPAM law seriously threatening email marketing it is crucial
now more than ever to make subscribers, both new and old, well
aware of your dedication as a publisher to abide by their wishes.

Federal Law now makes it a felony to engage in email marketing
activities that we have all known are simply unethical, making
attention to detail in your spam policy highly important. The new
law is rather controversial and poses many problems believed to
actually increase spam. However, clearly defining your intentions
and willingness to fight against spammers, as well as promising
never to spam anyone builds trust and credibility. What's even
better is that it lends support and legitimacy to email marketing
in the fight against the new laws.

So, what guidelines should be followed? Although this seems
upfront like a no-brainer, it is the specific wording that can be
tricky.

(1) Stay away from what I call "lawyer talk". What's the point if
a potential subscriber has to go to the library to figure out
what you promise to do. Tell them your intentions in simple
sentences. There is no need to use fancy wording.

(2) Explicitly state that you strictly prohibit spam. You must
spell out your stance for your subscribers. There is no room for
interpretation here.

(3) Promise to them that you will never spam. Seems silly to say
this but remember the point here: credibility, trust, and
protection.

(4) State the details regarding your publication as to how many
mailings they should expect. Keep in mind the average person's
memory span. Subscribers don't really like surprise mailings.

(5) Do you offer advertising to third parties in your
publication? If so you must inform your subscribers. They are
agreeing to receive mail from you. Make sure they understand that
subscribing also means possible third party advertisements.

I personally prefer to itemize my intentions and devotion to not
spamming. Each primary point is then laid out.

Its important to keep in mind that you are building a business
relationship with your subscribers. You must explain to them at
sign up how your publication is dispersed. How many times per
week should they expect to receive email from you? Do you
anticipate this changing in the near future? Will they be getting
third party advertisements?

As a final remark, your spam policy is also protection for you.
People may forget what you have told them at sign up and report
you all of a sudden as a spammer. I recommend putting up your
spam policy, with a check box such that they must read in it
order to process their subscription. In the advent that you are
accused of any form of spam, your policy is testament to your
intentions. If you have strictly followed the key elements laid
out for your subscribers you should then have nothing to worry
about.

For more references on the current law and problems check out:

http://www.spamlaws.com/federal/108s877.html
http://www.cnn.com/2004/LAW/04/28/internet.spam.ap/
http://www.spamhaus.org/news.lasso?article=150

About the Author

Dan J. Fry is an independent researcher and owner of
e-Kinetic.com, a site devoted to providing resources for small
budget home businesses. He has a PhD in Physics and is married
with two daughters and two cats. Subscribe to his free E-Zine on
home business resources at mailto:e-kinetic@GetResponse.com or by
visiting his Home Business
Resources and Tips site. He can be reached
at mailto:comp@e-kinetic.com .

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