This article describes different types of email lists and specifies whether or not they meet Emma's permission requirements.

There is a big difference between having access to a list of email addresses and having permission to send emails to the contacts on that list. By using the Emma application, you have agreed to follow our permission requirements for sending emails, which is required by our Anti-Spam Policy.

Ⓘ	If you don't have proven permission to email the contacts on your mailing lists, you are sending spam.

 

If you're not sure whether your list meets our permission requirements, we've collected examples of email lists that Emma users commonly ask us about; you'll find those examples below, along with descriptions of whether or not those lists meet our permission requirements and why. If you're still not sure, you can use our quick permission test to double check.

Common types of email lists

Below are some of the most common types of email lists that we get questions about. For each type of list, we'll determine if it meets Emma's permission requirements and then explain why it does or does not. When thinking about these lists, consider whether the contacts in each example have provided clear, direct consent to receive marketing emails from the sender asking the question.

I bought / rented a 100% opt-in list from a reputable list broker, can I use it?

No. Regardless of what the list broker may claim, you cannot use any kind of third party list with Emma. There is no situation where it would be allowed, and it does not matter if you paid for it or not — it still does not count as permission in this context. This applies to industry-specific lists too, such as Adbase for photographers. A purchased list is a purchased list.

Can I use an email list that everyone signed up for via my store website / at my store?

Yes. This is a perfect scenario because it is clear, direct permission. Just make sure you:

• Only send them what you promised you would
• Don't wait months to email people for the first time
• Don't wait months between sending emails

It is very common for people to forget about email lists they joined. That's why it's important to stay on target with the content you're sending, import new contacts in a timely manner, and be consistent with the frequency of your emails.

We sponsored a trade show and got a list of everyone who attended, we can use that, right?

No. This is very common, but it does not count as permission. The people on those lists may have agreed to hear from every vendor as part of their entry, but it is not explicit, direct permission for your organization to start emailing them. Trade show and conference attendee lists are not allowed to be used with Emma, even if the event organizer tells you that it's fine.

What about if we sponsored a trade show and people signed up at our booth to get our newsletter?

Yes. Much better! Those people know who you are and have specifically expressed interest in hearing from you. However, you don't want to wait too long after the event to email them, and make sure to mention their visit to your booth in the first email.

Can I use a mailing list that is a few years old, but everyone signed up through my website / at my booth / in my store?

Maybe. Think of it like this: Permission is like bread, it starts out great but goes stale quickly. If you haven't emailed those people in the last year or so, they have probably forgotten about you, or may not be interested anymore. If it's been between six months to a year or later since you last contacted them, you should start with a simple reminder email, asking them to confirm their interest. Be sure to offer a clear way to unsubscribe if they are no longer interested.

What if they are all people who have registered for my local / regional / national political organization?

Maybe. Our policies require all of your contacts to have directly and explicitly opted in to hear from you / the sender. If they explicitly provided their permission to receive emails from you during a specific campaign and it is currently that campaign time, this should be fine. If you have obtained lists of voters from electoral registers, or from party affiliates, superiors, or any other groups with similar initiatives or interests, they have not directly opted in to hear from you specifically, therefore, their email address cannot be used in our system.

What if they are all paying customers from my store / website and their email is on file?

Maybe. That is a good start. If they are current or recent customers, meaning they have purchased within the last year, you are safe to assume an existing relationship. Whereas, if it's been longer than a year, and you have not been emailing them regularly, then it is a no-go. Permission does not last forever — you have to use it or lose it.

What if they are all paying customers from a poker site / adult site / pharmaceutical site?

No. Lists from these kinds of websites are not allowed. Our deliverability and sender reputation are maintained, in part, by not allowing the sending of gambling, adult, or pharmaceutical emails at all — even from totally legitimate businesses.

Can I use a list of people who have all bought something from my eBay store?

No. This is a special case because, although they are your customers, eBay shoppers do not expect to get email from the people they buy from. The permission shoppers have granted in regard to sharing their email address is strictly linked to transaction purposes. So unless your eBay customers sign up directly for your newsletter, their email address cannot be used in Emma.

What if they registered for my site, forum, or free Wi-Fi and have agreed to the privacy policy / terms of use?

Maybe. That's good, but it wouldn't be considered an explicit opt-in. However, if they ticked an empty checkbox specifically stating that they agree to receive your newsletter, then go for it.

Similarly, hiding a line in your terms and conditions or privacy policy about receiving email, and making people agree to that is not considered opting-in. In our experience, doing things this way results in spam complaints and encourages people to sign up with fake email addresses, which can prevent your messages from reaching inboxes. It's widely known that most people never read those documents, so put the opt-in right on your signup page instead, or you do not truly have their permission.

We're an employment agency, can we use a list of our candidates / employers?

Maybe. You can send email to your own customers, meaning the people who have employed your agency's recruitment service, but there is a distinct difference between your customer and the job candidates. You must receive a candidate's direct permission; a clear opt-in either verbally or electronically. A reference to newsletters in their contract or included in the terms of your site does not equal permission to send.

What if they are in the member directory of my local business chamber / real estate organization / sports association?

No. Even when the organization itself says that people listed in the directory can be emailed, this does not qualify as a direct opt-in and the email addresses cannot be used in Emma. However, if you have talked to individuals in the member directory, and they have given you their direct permission, then you can add them to your audience.

We ran a competition and we have a list of all the people who entered, can we use it?

Maybe. Be very careful with this one. Competition lists like this often cause spam complaints. If people give you their email address just to win a prize, the only thing you can email them about is the competition, to let them know who won the prize. You don't have permission to send marketing content to them on any other topic unless you clearly state that you will be doing so. And hiding a sentence along the lines of "you agree to be emailed forever" in 8pt font in the terms and conditions does not count as permission.

It's different if you promote the opportunity to win a prize by signing up to the newsletter. Then people know they will be emailed — and will be expecting to be able to unsubscribe easily if they don't like what you're sending them.

I just started a new company, is it fine to email all of the customers of my current company about it?

Maybe. In most cases this is not okay. Permission isn't permanent or flexible. Those people gave you permission in a particular context, relating to the company you worked for at the time and its product or service. They did not sign up to hear about other companies, even if you are involved in them.

What about people who have contacted me through my website?

No. Sending in a question or comment isn't the same thing as opt-in permission. Even if your website form says "send me more information" it does not mean you can add them to a mailing list. It means you can send them specific information as requested. Unless your contact form clearly displays the option to opt-in for a mailing list, and people do opt-in, you do not have permission.

What about lists that are all my friends / colleagues / family members?

Maybe. While they may be aware that you have their email address, unfortunately, it doesn't give you permission to add them to your Emma contact list without an agreed opt-in from them. This could be as simple as asking them if it's okay to add them to your list. We know they probably won't mind, even if you don't ask, but that is not the same thing as opt-in, and is still not allowed.

Can I make a list from my group members / followers / fans from LinkedIn / Facebook?

No. That's an indication of interest, for sure, but it is not direct opt-in. They might want to have some connection to you but you cannot assume they want to be on your email list unless they actually ask.