1. General conditions for sending (regardless of the sending channel)
In case of non-compliance with the provisions described below, Digitaleo reserves the right to cancel the order and to suspend the customer’s account. No refunds will be made.
1.1 Messages may only be sent to recipients who have explicitly consented to receive them (except transactional messages)
All contacts on your list must have clearly and explicitly agreed to receive your communications and you must be able to prove this at any time. This permission should be given via an opt-in or double opt-in system that clearly describes the subject of the subscription on an online or offline form containing a checkbox. This box should not be ticked by default. Consent to send marketing communications must always be given independently of possible processing for other purposes.
1.2 Users must be able to provide evidence of consent from their recipients in case of a complaint
Digitaleo takes spam complaints from recipients very seriously. At any time, you must be able to provide information about the email addresses and mobile phone numbers to which you have sent your messages with Digitaleo, including:
When and how was this email address collected?
- Date and time
- Participation in a draw or competition?
- Subscription to a newsletter?
- Pre-existing relationship with the recipient?
- Other
In the case of online registrations:
- URL of the site where the address was collected
- IP address used by the owner of the email address
- Type of opt-in used (single, confirmation, double opt-in)
- In case of double opt-in: date and time of confirmation
Is there an explicit statement of consent or acceptance for the email address or mobile number? (can be provided as a screenshot)
- Text of declaration
- Does the user have the opportunity to give explicit and separate consent?
If there is no obvious opt-in, but a prior relationship existed with the recipient:
- Nature of the relationship (e.g. purchase of product X)
- How was the customer informed when the email address or mobile number was obtained (what message was sent to the customer informing them that the email address or mobile number might be used for marketing purposes and that they could unsubscribe at any time)?
Please note that we will ask for your full cooperation in these types of cases. Accounts that are unable to provide us with evidence of legal approval of their recipients, in the event of complaints of abuse being made to our staff, may have their accounts suspended or, in some cases, closed.
1.3 Only legal and legitimate information can be sent through Digitaleo
Digitaleo does not participate in the dissemination of communications that contain, promote, reference or redirect to illegal, unlawful, libelous or defamatory activities. The same principle applies to violence against an individual or group, and to any element that violates human rights in general. In addition, and unless the sender provides serious guarantees, which are assessed on a case-by-case basis, Digitaleo will not, as a matter of principle, work with senders who promote the following activities and products, whether or not they are legally permitted under the regulations, including, but not limited to: gambling, pornography or sexually explicit activity, weapons and explosives, tobacco and tobacco related products, drugs, politics, piracy, penny stock sales, forex, crypto-currency and stock advice, payday loans, debt collection, clairvoyance, lead sales and affiliate marketing, surgery, entrepreneurial or work-at-home offers, and real estate promotions. In general, no information or content that Digitaleo deems in its sole discretion to be inappropriate or damaging to the reputation of Digitaleo, its affiliates, partners, customers or users should be included in your emails. If your business is regulated by an authority (e.g. drugs, investments, loans, banking, gambling, betting…), we invite you to contact our sales department to open a personalized account. Digitaleo reserves the right to request documents and licenses related to your business.
1.4 Sending to contact lists purchased or rented from third parties is prohibited (except for rental via our partners)
Sending emails to lists of contacts purchased, exchanged or rented from third party companies that do not explicitly mention you is strictly prohibited and will penalise the deliverability of your future emailings. The email addresses used should always be addresses where the owner has explicitly chosen to receive communications from you. The use of lists purchased, rented or retrieved from a third party is prohibited by law in most countries, and is absolutely forbidden on Digitaleo’s servers.
1.5. Sanctions
In the event of non-compliance with the above, Digitaleo reserves the right to suspend the campaign or cancel the order and freeze the customer’s account.
No refunds will be made.
2. Specific terms for sending an Email Campaign
2.1 All sending indicators must remain below the thresholds set by Digitaleo
Regular maintenance of your contact list ensures that you are dealing with an interested audience whose email addresses are active. Although this criterion may vary from one company to another, a customer is identified as interested when he or she has opened or clicked on an email within the last 3 to 6 months. Maintaining a list of customers who regularly read your content and are interested in your messages will reduce the number of your emails marked as “bounced” or blocked. Although removing inactive or incorrect email addresses will shorten your contact list, it will greatly increase your deliverability in the long run. Other guidelines to keep in mind are: give the email a subject line that reflects the actual content and avoid promotional terms or words associated with spam.
2.1.1 Identified indicators
| Statistics | Acceptable thresholds1 | Calculated details |
|---|---|---|
| Hardbounces | < 8% | Calculated by the number of messages that have been rejected |
| SPAM complaints | < 0,08% 2 | When sending more than 1,000 emails per day, with a maximum of 50 complaints per day |
| Unsubscribes | < 1,4% | Or 1% if unsubscribes > click-through rate |
| Blockades | < 30% | |
| Spamtrap detections & complaints of unjustified use | ≤ 1 |
1 Digitaleo reserves the right to update the parameters of acceptable sending limits without notice.
2 The volumes of SPAM complaints displayed in the Digitaleo platform are minimums, as not all ISPs report SPAM to us.
2.1.2 Definitions
- Bounces – For traditional mail, when an envelope cannot be delivered to a recipient’s address, it is returned to the sender. Similarly, emails declared as “bounces” are returned to the sender when the recipient’s email address is incorrect or inactive.
- Unsubscribes – Recipients who unsubscribe because they no longer wish to receive communication. There are many reasons for customers wanting to unsubscribe: some are no longer interested in the content you publish, others have an overloaded inbox, and still others were expecting different content than what you send them.
- Blockades – E-mails that remain on Digitaleo’s servers due to a permanent error. These are email addresses that have previously returned emails because they no longer exist or have reported your message as spam. This also includes any email addresses that have received complaints from recipients or have been detected as spam by Digitaleo filters.
- Spam complaints – Number of recipients who have reported your email as spam.
- « Spamtrap » detections – After a certain period of inactivity, email providers use the email addresses as ” spamtrap ” which detects the authors of emails using obsolete lists or purchased from third party companies.
- Complaint for unjustified use – When a recipient reports a sender as sending a message without their opt-in consent.
2.2 An unsubscribe link must be included in every marketing email
All marketing emails must include a clear and concise link that allows recipients to unsubscribe and not receive any further communication from you. This link must be easy for everyone to recognise, read and understand. From your side, the unsubscribe should be effective immediately, and no further emails should be sent to that recipient from the time of the unsubscribe request.
Preferably, the unsubscribe link should appear in your email header.
Transactional and confirmation emails such as order forms, invoices, password resets, account creation confirmations, etc., do not need to have an unsubscribe link.
2.3. The name and status of the sender must be clearly indicated in each email
The “From”, “To” and “Reply To” fields should clearly and accurately identify the sender’s domain name and email address.
2.4. Sanctions
In case of non-compliance with the above conditions listed in points 1 and 2 which result in endanger the security and/or the normal functioning of the Services, Digitaleo reserves the right to apply the following sanctions to the customer depending on the number of incriminated communication campaigns per customer:
- First campaign: suspension of the current campaign with awareness raising by our Customer Service team
- Second campaign: Digitaleo will invoice the customer the sum of 100 € HT / Spamtrap observed on the incriminated campaign(s) ;
- Third campaign: Digitaleo will suspend the email channel for a period of three months without repercussion on the amount of the subscription and will invoice the customer for the sum of 250 € HT / Spamtrap observed on the incriminated campaign(s);
- Fourth campaign: Digitaleo will terminate the contract by paying compensation equivalent to three months of monthly subscription and will invoice the customer the sum of 400 € HT / Spamtrap noted on the incriminated campaign(s)
3. Specific terms for sending an SMS campaign
The Digitaleo platform automatically manages STOP SMS and does not allow SMS to be sent to a number that has previously unsubscribed.
TPOA: Personalization of the sender is limited to 11 alphanumeric characters. If the sender’s number is personalised, the words “STOP AT XXXXX” are automatically added at the end of the SMS text to give the recipient the opportunity to unsubscribe.
Digitaleo prohibits impersonation in the context of a personalised sender number (TPOA)
4. Specific terms for sending a voicemail campaign
4.1 Use restrictions
The use of this channel is reserved for sending commercial messages to the user’s customers.
Telephone canvassing in the form of pure prospecting towards recipients for whom no prior contractual relationship exists is strictly prohibited.
4.2 Caller identification and contact details
The recorded message must absolutely enable the person contacted to identify the sender and a phone number or a way of contacting him/her easily in order to allow him/her to easily express his/her right of opposition.
4.3 Personalised caller number
When a personalised caller number is used by the customer, the customer declares that he/she is the owner of the chosen caller number and that he/she has all rights to it.
The use of a personalised caller number of the mobile phone type is prohibited in order to comply with the recommendations of the ARCEP (French telecommunications authority)
4. Specific conditions for using the call-tracking functionality
The Service consists of the provision of a solution including access to the Interface enabling the performance of advertising targeting and contact to be measured by counting the number of incoming contacts (calls, forms, emails) according to the different advertising media.
Conditions relating to the telephone number:
French telephone numbers are exclusively for use by Customers established in mainland France.
France. Any redirection must be made to a number in the same area (country and geographic code) as that of the Customer and which is not overtaxed (country and geographical code) as that of the Customer and which is not overtaxed. DIGITALEO may suspend the use of the telephone number in the event of redirection to a number located in a different zone. In accordance with the regulations, any number used by DIGITALEO to provide the Service to the Customer is not made available, allocated, assigned or transferred to the Customer. It can neither be the object of portability nor of an intellectual property right to the benefit of the Customer.
It cannot be considered as definitively attributed or allocated to the Customer, as DIGITALEO only uses it for the Customer within the framework of the Service. In addition, DIGITALEO may be obliged to modify the number used in particular following a decision rendered by the Autorité de Régulation des Communications Electroniques et des Postes (ARCEP) in the context of the management of the national numbering plan or following a request from its supplier. The Customer may not assert any rights over the numbers used as part of the Service.
The caller’s number is collected as soon as they dial the tracked numbers. This number can be used to call back a prospect or an intentional customer in the case of a missed call. However, the collection of callers’ telephone numbers is not essential to the provision of the Service and the Customer may choose whether or not to have access to all or part of them in order to limit the qualification of the calling numbers as Personal Data.
In this case, the first part of the callers’ numbers will be used to generate statistics and geographical groupings. The last 4 digits are masked, making the data anonymous. Call logs, recurring reports and the API are affected by this setting. In the event of access to all the digits of callers’ numbers, the Customer undertakes to comply with the legislation in force and, more specifically, to register with the Bloctel telephone anti-solicitation list or with the obligation to provide information prior to the collection of personal data.