This Policy is binding on every approved newsletter sender. It forms part of the Clariia Newsletter Sending Agreement. If you cannot meet these requirements, you must not import the list or send the campaign through Clariia.
1. Core Rule
You may use Clariia to send only lawful, permission-based email that recipients reasonably expect to receive. You must be able to prove why each recipient may receive each campaign.
For New Zealand commercial electronic messages, you must meet the three legal foundations of consent, accurate sender identification, and a functional unsubscribe facility. If another country's law applies to a recipient or campaign, you are also responsible for complying with that law.
2. Acceptable Consent
You may send a commercial message only where you have a lawful form of consent that applies to the sender, subject matter, and recipient. Under New Zealand law this may include express consent, inferred consent, or deemed consent, but you must not treat a previous enquiry, connection, sale, published address, or business relationship as automatic permission for unrelated or unexpected marketing.
- Express consent: the recipient actively agreed to receive the relevant messages.
- Inferred consent: there is a genuine, provable relationship and the message is directly relevant to that relationship and the recipient's reasonable expectations.
- Deemed consent: an address was conspicuously published for business purposes, without a statement refusing messages, and the message is directly relevant to the person's business role. This is narrow and must not be used for broad advertising.
You bear the burden of proving consent. If the evidence is uncertain, do not send.
3. Lists and Collection Methods You Must Not Use
You must not upload, combine, enrich, or send to:
- bought, rented, leased, traded, or borrowed lists;
- addresses obtained through scraping, harvesting, guessing, automated collection, or directory extraction;
- third-party lists where each recipient did not validly consent to messages from your identified business;
- old or poorly maintained lists where consent, source, accuracy, and recent recipient expectations cannot be demonstrated;
- addresses generated by appending common names, roles, or domains;
- contacts who unsubscribed, complained, hard-bounced, or are otherwise suppressed; or
- personal information collected or disclosed unlawfully.
You must not send a message asking a person to consent where sending that request is itself prohibited.
4. Every Import Must Be Declared
Before an import is accepted, you must truthfully state:
- the list source and the business purpose for which it was collected;
- whether the information came directly from the contacts or from another source;
- the applicable consent type and how it was obtained;
- the consent date or relevant relationship period, where known;
- whether the contacts were told who was collecting their information and why; and
- that the import complies with this Policy and applicable privacy and anti-spam law.
Clariia may sample, review, reject, quarantine, or require evidence for any import.
5. Every Campaign Must Be Confirmed
Immediately before sending, you must confirm that:
- the selected recipients may lawfully receive this particular campaign;
- the campaign matches the consent, relationship, and reasonable expectations recorded for those recipients;
- the sender and contact details are accurate;
- the subject line, sender name, domain, content, offer, and links are not false or misleading;
- the required unsubscribe information is present and functional; and
- you have reviewed and approved the final message and recipient count.
6. Sender Identification and Contact Details
Every campaign must clearly and accurately identify the person or business that authorised the message. It must include current information that allows the recipient to contact that sender. That contact information must be reasonably likely to remain valid for at least 30 days after the message is sent.
You must not impersonate another person or business, conceal the responsible sender, use a deceptive display name or reply address, or misrepresent the origin or purpose of a message.
7. Unsubscribe Requirements
- Every commercial campaign must include a clear, conspicuous, functional, and free unsubscribe facility.
- The unsubscribe facility must be reasonably likely to remain functional for at least 30 days after sending.
- New Zealand unsubscribe requests must take effect no later than five working days after the facility is used. Clariia may suppress the address immediately.
- You must also honour a clear withdrawal sent by reply or another reasonable channel.
- You must not require login, payment, account creation, unnecessary personal information, or an explanation before honouring an unsubscribe.
- You must not send marketing to a suppressed contact unless the person later gives new, verifiable consent and Clariia approves restoration.
8. Prohibited Content and Conduct
You must not use the newsletter service to send, promote, facilitate, or link to:
- unlawful, fraudulent, deceptive, defamatory, threatening, harassing, or exploitative material;
- phishing, impersonation, credential theft, malware, harmful code, or unsafe downloads;
- content that infringes privacy, confidentiality, copyright, trademark, publicity, or other rights;
- false claims, fabricated endorsements, misleading pricing, deceptive urgency, or materially hidden conditions;
- sexual exploitation, abuse material, trafficking, or content that exploits children or vulnerable people;
- instructions or services intended to evade law, platform safeguards, suppression controls, or sender identification;
- unsolicited affiliate, lead-generation, multi-level-marketing, cryptocurrency, gambling, high-risk financial, or similar campaigns unless Clariia has expressly approved the specific use in writing; or
- content prohibited by Amazon Web Services, Google, a receiving provider, or applicable law.
You must not use attachments during the initial Clariia newsletter release. You must not shorten, mask, or redirect links to hide their true destination.
9. Pilot and Sending Limits
- Each business must be manually approved before sending.
- Each business receives an individual campaign and monthly allowance recorded in its approval.
- During the initial release, no business may send a campaign to more than 2,000 recipients without a new written approval from Clariia.
- First imports and first campaigns may be held for manual review.
- Clariia may apply lower limits, staged sending, rate controls, domain restrictions, or additional review to a new or higher-risk sender.
- You must not divide, duplicate, reschedule, or route campaigns to avoid a limit or review.
10. Reputation and Automatic Safety Controls
Clariia may automatically block or pause sending based on campaign, rolling, tenant, or account-level measurements. During the initial release, a hard-bounce rate of 4% or a complaint rate of 0.08% may trigger an automatic pause. A lower rate or another risk signal may also trigger review.
Clariia may also pause sending for sudden volume increases, duplicate-send risk, repeated soft bounces, excessive unsubscribes, delivery delays, rejections, spam-trap or block-list findings, broken authentication, service-provider warnings, or other evidence of unsafe sending.
These are safety limits, not promised tolerances. Staying below a number does not make a campaign acceptable or prevent suspension.
11. Complaints and Investigations
- You must promptly help Clariia investigate a complaint, bounce pattern, privacy concern, regulatory enquiry, or service-provider finding.
- You must provide requested evidence of consent, list source, sender identity, and campaign purpose within the time reasonably specified by Clariia.
- You must preserve relevant records while an investigation is active.
- You must not contact a complainant for further marketing or pressure them to withdraw a complaint.
- Clariia may disclose relevant information where reasonably required by law, a regulator, a court, or a service provider investigating misuse, subject to applicable privacy obligations.
12. Enforcement
Clariia may reject an import, cancel or delay a campaign, suppress a recipient, reduce an allowance, require corrective action, suspend sending, or terminate newsletter access for an actual or suspected breach. Serious risk may require action without advance notice.
Customers cannot remove their own suspension or suppression controls. Repeated breaches, false declarations, deliberate evasion, or serious harm may result in permanent loss of newsletter access and reasonable cost recovery under the Newsletter Sending Agreement.
13. Changes and Questions
Clariia may update this Policy as laws, provider rules, and safety requirements change. Material changes will be notified, and renewed acceptance may be required before further sending.
Questions or suspected misuse can be reported to hello@clariia.com.