A. SCOPE AND PURPOSE
Siemens Healthcare Anti-spam Policy is driven by the following factors:
Email marketing is most effective when messages are anticipated, personal, and relevant. Sending unsolicited email reduces deliverability and ROI.
Inappropriate use of email generates customer complaints and will damage our reputation and brand.
3. Legal Environment.
International laws prohibit the sending of commercial email without a working unsubscribe function, email without the valid physical postal address of the sender, as well as fraudulent or misleading email or subject lines.
The legal background for the use of commercial email is established in legislation such as:
Federal CAN-SPAM Act, enacted by the United States of America on January 1, 2004
Guideline 2002/58/EG, legislated by the European Parliament and Council on July 12, 2002
‚Telemediengesetz’ (TMG) and ‚Gesetz gegen den unlauteren Wettbewerb’ (UWG), enacted by German national legislation
B. REQUIREMENTS FOR MARKETING EMAIL COMMUNICATION
1. Marketing Email Communication (eNewsletter / email blasts)
Siemens Healthcare believes and practices permission-based email marketing. Further, we as Siemens Healthcare have committed to our marketing vendors and partners that we will practice only permission-based email marketing, specifically that we will only send marketing emails to recipients that have directly consented to receive marketing email from us (“confirmed opt-in”).
a. e-Newsletter / email blasts
For the distribution of marketing emails it is necessary that the recipients have already consented to receive marketing email. The confirmation process is configured through the double-opt-in method. It must be ensured that the possible recipients can opt-in anonymously or with an alias.
By agreeing to receive marketing emails (with a separated indication) the recipients require an invitation email. The confirmation of this invitation email is considered as (second or doubled) opt-in confirmation and can be used as an evidence for the registration. Also, the recipients must have the possibility to withdraw his confirmation at any time, as well as to unsubscribe. Each marketing email contains a link to unsubscribe from receiving further emails or provide a return email address to offer the recipients the possibility to ask not to send future emails to that email address.
Recipients may also return to sender forward a copy of any unwanted email with their comments toeNews.firstname.lastname@example.org
It is forbidden to send marketing emails without giving the possibility/function to unsubscribe.
Additionally the law prohibits sending marketing emails without any valid physical postal address of the sender, as well as using fraudulent or misleading email or subject lines. Therefore, marketing emails should not contain false or misleading information in the subject line or otherwise contain false or misleading content to mask or conceal the marketing purpose; it is required that these emails can be identified as marketing related communication by the recipients.
For us as well as for our vendors and partners this policy is obligatory and we have responsibility for the compliance of this policy. We will respect the subscribers’ time and attention by controlling the frequency of mailings to individual email addresses. If the recipient, after receiving our email, doesn’t opt-in for the eNewsletter or email blast and doesn’t give us any other feedback, we consider this to be an implied refusal, regarding our offer to receive further marketing emails.
It is forbidden to transmit unsolicited commercial emails (spam) via our system or via our vendor’s or partner’s systems.
We have also committed to our vendors and partners that we will not use rented or purchased lists, email append lists, or any other list that contains email addresses captured in any other method than opt-in and without the confirmation for transmission to third parties. The use of opt-out lists is prohibited in our system and in our vendors’ and partners’ systems and we retain the right to review lists and emails to verify that our vendors and partners are abiding by the privacy and permission policies set forth herein.
However, our vendors and partners are ultimately responsible for compliance with Siemens Healthcare policies.
In the cause of abuse of our eNewsletter or email blast, the recipients should have the opportunity to approach a Siemens Healthcare contact person (e.g. via “Feedback Button” or “Contact Button”).
b. Data Collection
We have agreed not to use our system to send unsolicited marketing emails. Therefore, we will track the source of the email addresses, the method used to collect the data, and verification of the consent to receive emails from Siemens Healthcare for any opt-in list of email addresses used in our system, .
Further it is necessary to inform the recipients of our marketing emails about the collection of personal data before starting the confirmation process and provide that information for him or her at any time.
2. Non-Marketing Email Communication
Siemens Healthcare intends to send non-marketing emails such as account notices or customer service information. The customer and the associated domain or organization identified with a purchase and/or installed product may be contacted with such non-marketing emails. These emails are solely to provide support to the Siemens Healthcare customer and are not associated with any marketing-related efforts to initiate or sell additional products. Non-marketing emails may have limited copy that presents the recipients with the opportunity to opt-in to marketing related emails.
Customer data may be utilized to reasonably contact customers to solicit opt-in status for Siemens electronic news and information as well as marketing-related emails. Each email sent has to contain a link that allows subscribers to unsubscribe from receiving emails. Recipients may also return to sender forward a copy of any unwanted email with their comments toeNews.email@example.com
Why did a recipient receive a marketing email from our system?
The recipient should know that if he or she received a marketing email from us, it is because he or she has opted-in to receive information from Siemens Healthcare. The function to opt-in is configured through the double-opt-in method. The recipient requires a separate invitation email and confirms this invitation email. This confirmation is considered as (doubled) opt-in confirmation and registration.
How should a marketing email look like and how does a recipient get off an email list?
The header should not contain misleading information. It must be possible to indentify the sender. The subject line must not contain false or misleading information to mask or conceal the marketing purpose. It must be possible to identify these emails as marketing related communication. In addition the email has to include a valid physical postal address. Each marketing email sent to the recipients has to contain a link that allows subscribers to unsubscribe from receiving emails. Recipients may also return to sender or forward a copy of any unwanted email with their comments toeNews.firstname.lastname@example.org or approach a Siemens Healthcare contact person (e.g. via “Feedback Button” or “Contact Button”).
What is the proceeding if a recipient doesn’t give us any feedback?
We consider this to be an implied refusal regarding our offer to receive further marketing emails and we don’t contact the recipient again.