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Old 11-20-2012, 03:28 AM   #3
meeera
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Join Date: Dec 2011
Location: Australia
Device: Kobo Libra 2, iPadMini4, iPad4, MBP; support other Kobo/Kindles
Quote:
Originally Posted by murg View Post
Kobo is giving your account email address to your local country affiliate.

I assume that this is if you purchase a book from the Kobo site, but got there through the affiliate. I never directly gave the affiliate my email address. Nor have I given direct permission for Collins Books to use the email address for marketing purposes.

I'm not sure if this is a good thing or not, although I do find it annoying.

I just got some marketing emails from Collins Books (Australian affiliate), using my Kobo account emails.
In Australia, if you got spam you didn't sign up for, they've broken the law - the Spam Act 2003, to be exact. The presence of unsubscribe instructions is not enough - they have to have prior consent in the first place. That consent can be inferred in certain circumstances such as a substantive existing business relationship; however, the ACMA guidance to businesses specifically states:

Quote:
CIRCUMSTANCES WHEN AN “EXISTING RELATIONSHIP” CANNOT
BE ASSUMED

Consent will not always be inferred where there is a pre-existing relationship between you and a person. For example, it would not be reasonable to infer that a person consented to receiving commercial electronic messages from you simply because of a transaction along the lines of any one-off purchase.
Considering your purchase wasn't even from Collins, I think that them inferring an existing business relationship in which you would have expected ongoing marketing messages would be extremely bloody dodgy.

In addition, ACMA says that not even pre-checked tick boxes are adequate consent. The recipient must have "actively and deliberately" consented to receiving marketing messages.

Potential penalties include fines of up to $1.1 million per day.

Information on how to file a report can be found here. You can simply forward the spam message, with its Subject line unchanged, to report@submit.spam.acma.gov.au

Disclaimer: I am not a lawyer.
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