Frequently Asked Questions
How does the seal work?
How does TRUSTe define “spam?”
What if I receive spam by a seal holder?
How do you ensure that “spammers” don’t get in the program?
What are the requirements for the program?
How is this different from the Privacy Seal Program?
Do you automatically become a Email certified if you are a privacy sealholder/ Bonded Sender Program member, etc?
Q: How does the seal work?
A: The TRUSTe Email Privacy Program is designed to allow companies willing to abide by strict standards for commercial email to demonstrate their commitment by posting the TRUSTe “We Don’t Spam” seal on Web pages where they collect email addresses. The TRUSTe Email Privacy Program goes beyond the requirements of the CAN-SPAM Act (which permits “prospecting” emails to be sent once, provided that those emails include a functioning unsubscribe) by requiring a recipient’s consent before ANY commercial or promotional email message can be sent to him or her. We believe this permission-based approach to email marketing, coupled with TRUSTe’s Watchdog Dispute Resolution service and ongoing monitoring of licensees’ email practices, will be a “win-win” for both business and consumers
Q: How does TRUSTe define “spam?”
A: Our definition, exceeding CAN-SPAM, is simply, unsolicited commercial email. Accredited senders must have a prior business relationship or clear disclosures of email collection and use with consent prior to sending commercial email messages.
Third party sharing must include explicit permission, and cannot be obtained through passive consent, such as a pre-checked box. The individual must affirmatively check a box in order to receive third party emails. Under this program there is no “one-bite-of-the-apple,” and senders cannot rely on the unsubscribe alone.
Q: What if I receive spam by a seal holder?
A: Consumers can file a complaint online with our Watchdog Dispute Resolution Program at www.truste.org/consumers/watchdog_complaint.php. TRUSTe will mediate the dispute and ensure that the consumer in unsubscribed. We also monitor commercial complaint rates and score the frequency and severity of the complaints received at TRUSTe. Companies which exceed pre-determined thresholds will be suspended pending investigation.
Q: How do you ensure that “spammers” don’t get in the program?
A: As with the Bonded Sender Program, applicants are screened for prior spam history on both quantitative and qualitative measures are used including:
- inclusion on RBLs
- complaint rates
- compliance with strict permission standards
- proper processing of unsubscribes
- disclosure reviews
Q: What are the requirements for the program?
A: In a nutshell:
- Prior consent standard for commercial email
- Pre-selected option for house files
- Opt-in for 3rd party mailings
- No 3rd party sharing without explicit permission
- Clear and conspicuous notice describing use
- Easy to use, responsive, persistent unsubscribe
- Privacy statement disclosing email practices
In more detail:
TRUSTe Email Privacy Sealholders are all required to provide:
User controls, including:
- Consent for receiving any commercial or promotional email
- An affirmative opt-in function for sharing of personally identifiable information (PII) with outside parties
- Access management permitting users to update stored PII or have it changed by the Licensee
Disclosures on any page collecting email (and in the privacy statement) regarding:
- The nature of email messages to be sent
- If receiving commercial or promotional email is a condition of receiving a service
- Any sharing of email addresses with third parties other than service providers
An Unsubscribe must be included in all commercial or promotional email messages, that is:
- Clear, conspicuous, and easily understood.
- Easy to use -- As close to a ‘one-click’ process, such as selecting a URL, as possible.
- Effective within 10 days
- Functional for 30 days following the sending of the message
- Unsubscribe requests must never expire
- Flexible in processing requests via alternate media (telephone, email or mail)
A complaint resolution process, providing:
- Comprehensive contact information for appropriate Web site employees
- A link to the TRUSTe Watchdog site for third-party dispute resolution
Mail infrastructure and technology accountability:
- To reliably process bounces and other replies, bounces may not exceed 10% of all messages sent
- Outbound email servers must have valid reverse DNS entries
- Creation and maintenance of standard role email accounts including abuse and postmaster
- Must register with abuse.net and maintain accurate Whois database information
- Due diligence to ensure that clear and conspicuous notice was provided, and relevant consent obtained, If email addresses were obtained from a third party
Q: How is this different from the Privacy Seal Program?
A: Both programs are designed to help consumers make informed choices about their personal information and offer the reassurance of third party monitoring. TRUSTe reviews the sealholder’s practices, monitors their behavior and enforce strict standards via investigations triggered by our Watchdog Dispute Resolution services and independent monitoring. Individual complaints regarding misuse of personal information are handled by TRUSTe.
The Website Privacy Seal looks at the company’s online data collection, handling and use practices and certifies that they not only meet TRUSTe’s strict standards, but that they also offer clear and accurate disclosures in the privacy statement on data collection pages.
The Email Privacy Seal complements the Website Privacy Seal by accrediting the email practices and disclosures to ensure permission-based, fair treatment of email addresses. Depending on the nature of information collected and organizational focus, companies may find that one seal program or both can help them define and monitor best practices for privacy of personal information.
Q: Do you automatically become email certified if you are a privacy sealholder/ Bonded Sender Program member, etc?
A: No.
Bonded Sender’s have several consumer facing requirements to satisfy prior to being accredited to the Email Privacy Program Members of the Email Privacy Seal program in good standing are automatically eligible for the Bonded Sender Program
Privacy sealholders are required to submit a detailed self-assessment of their email practices and disclosures. Once certified there is no need to sign an additional licensing agreement with TRUSTe, only an addendum to their current contract. All programs participants have preferential pricing depending on the initial program of certification.
