Marfeel Email Sending Practices

These Email Sending Practices (the “Practices”) describe the minimum standards applicable to all email sent through the infrastructure of Marfeel Solutions, S.L. (“Marfeel”), including email sent by digital publishers and other authorised customers (“Customers”) and by any user acting on a Customer’s behalf. They apply to every Customer that uses Marfeel’s email delivery capabilities, including the Marfeel newsletter product.

These Practices are incorporated into and form part of the Marfeel SaaS General Terms of Service and Data Processing Agreement (together, the “Agreement”). By using Marfeel’s email infrastructure, the Customer agrees to comply with these Practices. Failure to comply is a breach of the Agreement and may result in the operational measures described below (including throttling, suspension and termination of sending), in addition to any rights and remedies available to Marfeel under the Agreement or applicable law. If there is any conflict between these Practices and the Agreement, the Agreement will prevail.

Marfeel may update these Practices from time to time. The current version is published at the address above and applies from the date stated. Marfeel will use reasonable efforts to notify Customers of material changes; continued use of the email infrastructure after changes take effect constitutes acceptance of the updated Practices.

Compliance with these Practices does not guarantee delivery to, or inbox placement at, any recipient or mailbox provider. Acceptance, filtering and placement of email are determined by third-party receiving systems outside Marfeel’s control.

Key terms

For the purposes of these Practices:

Transactional or service message means a message a recipient reasonably expects as a direct result of an action, account, subscription or contractual relationship (for example, confirmations, receipts, security notices and account notifications), and whose primary purpose is not marketing.

Promotional or marketing message means a newsletter or other message whose primary purpose is to market or promote content, products or services.

Bulk message means a message sent in substantially similar form to multiple recipients. The specific allocation of data-protection roles between the parties is governed by the Data Processing Agreement forming part of the Agreement.

Marfeel Solutions, S.L. (“Marfeel”) provides email delivery capabilities to digital publishers and other authorised customers. These Email Sending Practices describe the minimum standards applicable to email sent through Marfeel infrastructure.

They supplement the Marfeel SaaS General Terms of Service and Data Processing Agreement. If there is any conflict, the applicable agreement will prevail.

1. Roles and responsibility

For email sent by a Customer:

1. the Customer determines the recipients, purpose and content of the message and normally acts as the data controller and sender;
2. Marfeel acts as a service provider and data processor, processing recipient data only on the Customer’s documented instructions; and
3. the Customer remains responsible for ensuring that its campaigns, recipient lists and content comply with applicable laws and these Practices.

The specific allocation of data-protection roles is governed by the applicable Data Processing Agreement. When Marfeel sends its own communications, Marfeel acts as the sender and data controller.

2. Permission-based sending

Marfeel services may only be used to send:

1. transactional or service messages that recipients reasonably expect as a result of an action, account, subscription or contractual relationship; or
2. newsletters and other promotional messages for which the sender has a valid legal basis and any consent required by applicable law.

For promotional email, Customers must be able to demonstrate how and when each recipient was added, what information was provided at collection, and the scope of the permission granted. Existing-customer exceptions (the “soft opt-in”, where available under applicable law) may only be used where permitted by applicable law and properly documented.

Purchased, rented, scraped, harvested, automatically generated, co-registered or otherwise third-party email lists are prohibited. Public availability of an email address does not constitute permission. Marfeel services must not be used for unsolicited prospecting or cold-email campaigns.

3. Sender identification and message content

Messages must:

1. use accurate and non-deceptive From, Reply-To, envelope sender and subject fields;
2. clearly identify the publisher or organisation responsible for the message;
3. use a sending domain that the Customer owns or is authorised to use;
4. include valid contact details and, for promotional messages, the sender’s physical postal address and a link to the applicable privacy notice; and
5. accurately describe the nature and purpose of the communication.

Spam, phishing, malware, fraudulent or misleading content, identity concealment, domain spoofing and unlawful content are prohibited. Transactional message streams must not be used to disguise promotional email.

4. Unsubscribe and recipient choice

Every non-transactional or bulk promotional message must provide a clear, free and easy-to-use unsubscribe mechanism.

Marfeel supports suppression of recipients who unsubscribe and may provide preference-management controls for individual publication lists or communication categories. Promotional email should also include standards-based List-Unsubscribe and one-click unsubscribe headers (RFC 8058) where applicable.

Platform-managed unsubscribe requests are applied without undue delay and, in any event, within the timeframe required by applicable law. Customers must also promptly process opt-out requests received through any other channel and must not resume promotional sending unless the recipient provides a new valid permission.

5. Bounces, complaints and suppression

Marfeel monitors delivery events and applies suppression controls to protect recipients and the reputation of the sending infrastructure.

1. Addresses producing a permanent or hard bounce are suppressed from further delivery.
2. A message is not retried after a permanent SMTP 5xx response for that recipient.
3. Repeated temporary delivery failures may result in suppression or reduced sending frequency.
4. Spam complaints and abuse reports are investigated and, where the recipient can be identified, result in suppression from the relevant sending programme.
5. Customers must maintain accurate, current lists and remove invalid, stale or persistently unengaged recipients where appropriate.

Marfeel uses mailbox-provider feedback loops, postmaster services and reputation data where available. Excessive bounce, complaint, block or unsubscribe rates may result in throttling, campaign suspension or termination of sending privileges.

6. Authentication and technical standards

Production sending domains must be verified and appropriately authenticated. The following controls are required of Customers and their sending domains:

1. SPF and DKIM authentication;
2. DMARC alignment and a published DMARC policy;
3. valid forward and reverse DNS for sending infrastructure;
4. static, identified sending infrastructure and no open relays; and
5. compliance with applicable SMTP and message-format standards, including RFC 5321 and RFC 5322.

Marfeel additionally supports and recommends, as applicable:

1. TLS for message transport where supported by the receiving system; and
2. standards-based one-click unsubscribe (RFC 8058) for eligible bulk promotional mail.

Marfeel may separate traffic by Customer, domain, message type or reputation profile and may apply rate limits or gradual volume increases to new senders.

7. Customer review and abuse prevention

Before enabling production sending, Marfeel may review the Customer’s identity, sending domains, intended use case, estimated volumes, sample content, subscription flow and source of recipient data.

Marfeel monitors sending patterns and may request evidence of permission or corrective action at any time. Marfeel may block individual messages, pause campaigns, restrict sending or terminate access where activity appears unlawful, abusive, deceptive, insecure or harmful to recipients, mailbox providers or Marfeel’s infrastructure. These measures are without prejudice to Marfeel’s suspension and termination rights under the Agreement.

8. Data protection and security

Marfeel processes recipient data only as necessary to provide, secure and support the service. Recipient data is not sold or used by Marfeel for independent marketing purposes.

Personal data is handled in accordance with the Agreement and Marfeel’s published documentation, including:

1. Marfeel and Data Protection
2. Marfeel SaaS Privacy Policy
3. Data Retention Policy
4. Technical and Organisational Measures

Where Marfeel or its sub-processors transfer personal data outside the EEA or the United Kingdom, such transfers are carried out in accordance with the Data Processing Agreement and an appropriate transfer mechanism.

Suppression records are retained only to the extent necessary to honour recipient choices, prevent repeated unwanted delivery, protect the service and demonstrate compliance. Other message and delivery data is retained or deleted in accordance with the applicable agreement and Marfeel’s Data Retention Policy.

These practices are intended to support compliance with applicable privacy and electronic-communications laws, including, where relevant, the GDPR, ePrivacy rules and national implementations such as the Spanish LSSI, UK PECR, CAN-SPAM, CASL and equivalent local requirements.

9. Reporting abuse and contacting Marfeel

Suspected spam, phishing, abuse or other misuse of Marfeel email infrastructure may be reported to:

1. Email abuse: abuse@marfeel.com
2. Deliverability and postmaster matters: postmaster@marfeel.com
3. Data protection: dpo@marfeel.com

Please include the full message headers and a copy of the message where possible. Marfeel reviews substantiated reports and takes appropriate remedial action.