How relevant is the downloadable handouts to the Australian Anti Spam legislation.
In particular point four of "Who Can I send email to". I have been trying to source on the net where it states that it is ok to send email campaigns if, "They purchased something off you in the last 2 years. By making a purchase from you they have provided their permission implicitly, although it is much better to explicitly ask them."
This point I find hard to believe the law would be that open, just because you purchased something from someone?
And Also point three of "Who can’t I send email to?". "Addresses you haven't emailed in the last 2 years
Permission doesn't age well. Even if you got their permission legitimately, they
won't remember giving it to you. If you haven't sent something to that address in
the last 2 years, you can't start now."
Good question. In fact, our anti-spam policies are far stricter than the Australian anti-spam legislation. It certainly allows for implied consent, based on an existing business relationship (which is what we are referring to in the 'customers from the last 2 years' section).
The legislation allows a lot more contact that we don't allow - collecting 'work related' addresses that are publically available, exemptions for educational / religious / goverment / political bodies. It also only requires the unsubscribe facility to work for 30 days after the email is sent.
So if you are meeting Campaign Monitor's permission requirements, you are definitely meeting the Australian legislation. See http://www.email-marketing-reports.com/canspam/ for a good list of links to various anti-spam law resources.