Openwire - Websites + Online Applications

• anyone who writes bulk emails
• the people who design the paper and electronic registration forms

If you're a small business with an annual turnover of $3 million or less, you are not obligated under law to comply with the Privacy act though you can choose to voluntarily comply with it. The relevant document can be found here.

According to the Spam act, you need to make sure your marketing messages:

• have consent
• clearly identify your organization
• include accurate information about how the recipient can contact your organisation
• provide an unsubscribe facility
• read more here

Example of the email signature: Openwire, ABN 86 109 294 558, www.openwire.com.au

Examples of unsubscribe facilities that are clearly worded and easy to use include:

• Email: 'Unsubscribe: if you no longer want to receive messages from us, simply reply to this email with the word "unsubscribe" in the subject line.'
• Email: 'If you no longer want to receive these messages, please click the "unsubscribe" button below.'
• SMS: 'Unsub: reply NO' or 'Unsub: (1800-number)'

Gaining legitimate consent

If you are using checkboxes for subscription you need to provide two tick boxes, one marked "YES" and the other marked "NO".

Can I use pre-checked tick boxes to gain express consent? No. Pre-checked tick boxes – for example, on a website where people can join a mailing list – are not an acceptable way of gaining consent. For express consent to exist, a person must actively and deliberately give consent to receiving commercial electronic messages, either by checking the tick box themselves or by giving consent in some other clear and transparent way (for example, typing their email address into the 'consent' field of a web form).

Read more on ACMA Website.