The Australian Spam Act does not prohibit sending ‘designated commercial electronic messages’.
In summary, designated messages are defined as:
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messages to existing customers which consist of no more than factual information about the sender’s product or services, or
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messages sent by a government body, registered political party, religious organisation, a charity or charitable institution, or an educational institution, or
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messages sent by an educational institution to a current or past student, about goods or services supplied by the institution.
It is critical for messages described in point 1 above that there is no content of a commercial nature within the message.
Please seek legal advice to determine whether your messages could be deemed designated. Further information on the Spam Act, is available through the ACMA website.
Enudge Enterprise Accounts are able to specify per email or SMS campaign, including campaigns within a Message Series, that the unsubscribe feature is to be omitted by ticking the ‘Transactional’ check box.
The image below shows an example of the setting in an Email Campaign -> Campaign Details screen:
