The FTC CAN-SPAM Act applies to all commercial messages: Can Spam Act Compliance
Bill S.714: Junk Fax Prevention Act of 2005
This Policy applies to all Personal Information that ECN collects or receives, whether manually or digitally processed.
2. Our Services
ECN provides high-volume and value-added electronic mail, facsimile and voice messaging services (“Services”). Our customers retain ECN to transmit messages and provide information to their recipients (“Recipients”). In the course of those Services, we are provided by our customers with Personal Information relating to their Recipients. In all cases we simply act as agent for our customers and at their direction. At no time do we do anything other than format or transmit the content of the messages we are asked to send. Our Customer Policy Agreement requires that our customers comply with all applicable personal-data privacy laws in compiling and providing us with the Recipient Personal Information. Through some of our value-added services we may collect Personal Information from Recipients. Any Personal Information we receive is used only for the purposes and at the direction of the customer associated with the respective Recipient. ECN complies with all applicable laws governing the time of day we send Voice calls. We also require our customers to provide appropriate identifying and contact information at the beginning or end of the message through which the Recipient may respond to have his or her number removed from the customer’s list or obtain contact information for the customer. Where we collect Personal Information (such as the fact that a call was successfully completed, that a Recipient has requested to receive no further calls, or that the Recipient has a new number), we provide it only to the customer on whose behalf the call was made.
3. Other Information Collection
You also may provide us with Personal Information when you contact us with a question or concern about this Policy or about our Services. In this context, we will use it only to respond to your inquiry or otherwise as required by law.
4. Transfer of Personal Information
As noted above, we utilize the Personal Information of Recipients only as directed by our customers in the performance of the Services. We do not disclose the Personal Information to third parties except to the specific customer with whom the Recipient is associated unless otherwise required by law.
5. Access to Personal Information
Individuals seeking access to their Personal Information that we have received from a customer must contact the customer directly. ECN requires messages to contain the name or contact information of the customer on whose behalf the message was sent.
We utilize reasonable and appropriate protections to ensure that Personal Information in our care is not misused or accessed without authorization. Personal Information is stored on our servers, with access restricted to those employees or contracted vendors who have a need for such access to perform a legitimate business function relating to the Services or for maintenance, internal security or related issues.
7. Data Integrity
We only use Personal Information that is necessary to perform the Services requested. Occasionally, a customer provides us with more Personal Information than is necessary for that purpose (for example, providing us with a name, street address and e-mail address, when only the name and e-mail address are necessary). In those cases, we identify and utilize only those data that are needed. The rest remain secure and unused until destroyed or returned to the customer. We also only store Personal Information when specifically requested to do so by a customer or as part of our ordinary back-up, archiving process.
8. Do Not Call Policy
ECN strives to maintain the highest standards of ethical conduct and is committed to complying with all federal and state telemarketing legislation. No employee of ECN shall engage in conduct that violates the terms of the Telephone Consumer Protection Act of 1991, applicable rules, or state telemarketing regulations. At your request, ECN will be happy to place your telephone numbers on our Do Not Call List. We will note your request immediately, but it may take up to 30 days to remove your information from active lists. You can make your request by calling 818-752-1400, or by writing to us at:
4370 Tujunga Avenue
Studio City, CA 91604.
When you make a request be sure to include your name, address and all telephone numbers (phone and fax numbers, if applicable) you want to be included on our list. You’ll remain on our “Do Not Call” List permanently, unless you ask to be removed. If your name, address or telephone number ever changes, you must give us your new information for your “Do Not Call” status to remain in effect.
Definition of SPAM
Spam is the term used on the Internet to describe unsolicited commercial e-mail messages. These messages are also commonly referred to as junk, bulk or unsolicited commercial e-mail (UCE).
Our Policy Toward SPAM
ECN prohibits the use of our system for spamming. We may, at our discretion, refuse to process any job which meets commonly accepted definitions of spam. We also reserve the right to terminate service or take other appropriate actions against customers who violate our policies.
We require ECN customers to only use lists of e-mail addresses containing recipients who have given explicit consent to receive e-mail from that customer. Also, customers must not use lists that have been obtained from public Internet forums or any other source, either by the ECN customer or a third party.
In addition to unsolicited messages, ECN also prohibits the delivery of illegal material.
All e-mail originating at ECN must contain the name and contact information of the customer.
ECN will strictly ensure the enforcement of this policy.
Enforcement of Our Policy
ECN offers an automated blocking feature. If an ECN customer sends you an unsolicited e-mail message, you need only reply to the offending message with the word “remove” (no quotes) at the beginning of the Subject: line. ECN will block the offending customer from sending to your address via our service, and will send you one additional e-mail confirming the block. Instructions on how to do this are attached in plain language to every e-mail message transmitted via ECN.
Our system blocks the address that the offending message was originally sent to insuring that the block of that specific customer will be effective, even in the case of aliasing or forwarding.
At ECN, we provide our customers with reports of recipients who have asked to be removed from that customer’s lists. We provide these reports to our customers so that they can clean their lists. ECN blocks delivery from that particular customer to such addresses in any case.