Messaging Policy

SnowShoeFood Inc. (SnowShoe) Policy Document

1050 SW 6th Ave
Suite 1100
Portland, OR 97204

Date of Last Revision: March 24, 2023

This SnowShoe Messaging Policy (“Messaging Policy”) applies to all SnowShoe-provided messaging services, including Email, Short Messaging Service (SMS), Multi-Media Messaging (MMS) and Push Notifications (Mobile). This Messaging Policy provides the restrictions and requirements you must abide by to use the SnowShoe Messaging Services. This Messaging Policy applies to you and your organization, end users, and customers, and any references to “you” in this Messaging Policy includes your organization, end users, and customers. These restrictions and requirements ensure that all emails sent via the SnowShoe Messaging Services are safe, wanted, and legal.

This Messaging Policy applies in addition to, and forms part of, SnowShoe’s Privacy Policy and Terms of Use, which are incorporated here by reference.

Monitored & Prohibited Content

The following types of content in the following categories are typically not allowed on our platform. Any exceptions to these policies are at the sole discretion of SnowShoe and must be in conformance with existing state or federal guidelines:

1. Political Speech. Campaigns that promote, or oppose a political party, any person or group of persons holding federal, state or local government elected office, the election of any candidate or group of candidates for federal, state or local government offices, or initiatives, referendums or other ballot measures.
2. Public Issue Speech. Campaigns that non-incidentally expresses or advocates or appears to express or advocate an opinion, position or viewpoint on a matter of public debate about economic, political, religious or political statements on social issues.
3. Religious Speech. Campaigns that promote or oppose specific religions, religious viewpoints, messages or practices. We are not a platform for religious evangelism.
4. False or Misleading. Any material that the sponsor reasonably should have known is false, fraudulent, misleading, deceptive or would constitute a tort of defamation or invasion of privacy. This includes content determined by SnowShoe to be counter to factual data.
5. Copyright, Trademark or Otherwise Unlawful. Advertising that contains material that is an infringement of copyright, trademark or service mark, or is otherwise unlawful or illegal.
6. Illegal Activity. Any advertising that promotes any activity or product that is illegal under federal, state or local law.
7. Profanity and Violence. Advertising that contains any profane language or employs the use of miscellaneous characters or symbols as a substitute for profane language, or portrays images or descriptions of graphic violence, including intentional infliction of pain or violent action towards or upon a person or animal.
8. Fraudulent Information. Content that is fraudulent or that SnowShoe determines in good faith is intended to mislead a recipient (e.g., phishing emails, chain letters, pyramid schemes) or cause harm or damage (e.g., malware or viruses).
9. Threatening Harm. Content that contains any threat, implied or direct, to harm a particular individual or group of individuals.
   
   

Note on Companies who provide Prohibited Products & Services

Companies that provide products in these service categories can use the SnowShoe messaging services, but they cannot advertise the products themselves or sell these types of products through the SnowShoe messaging services or via SnowShoe campaigns.

Prohibited Products & Services

Any campaigns that (a) promotes or depicts the sale, rental, or use of, participation in, or images of the following products, services or activities; or (b) that uses brand names, trademarks, slogans or other material that are identifiable with such products, services or activities:

1. Tobacco/Vaping/Smoking. Tobacco, vaping or smoking products, including but not limited to cigarettes, cigars, vaping devices and smokeless (e.g., chewing) tobacco;
2. Alcohol. Beer, wine, distilled spirits or any alcoholic beverage.
3. Cannabis. Cannabis, cannabis products, cannabis or cannabis services;
4. Firearms. Firearms, ammunition or other firearms–related products;
5. Adult Entertainment. Adult book stores, adult video stores, adult telephone services, adult internet sites, escort services, nude dance clubs and other adult entertainment establishments; includes the advertising of films rated “X” or “NC-17”, or video games rated “A”,
6. Unapproved Healthcare Services. Statements about products claiming to prevent, treat, or cure health issues (e.g., illness or disease) that have not been approved by government authorities or are not permitted under applicable law;
7. Illegal Medications. Advertising for prescription medication that cannot legally be sold over-the-counter;
   
   

Prohibited Actions on SnowShoe Messaging Services

Operators are prohibited from using the SnowShoe Messaging Services in the following ways:

• Sending unsolicited or unwanted messages in bulk;
• Sending messages to addresses or phone numbers that you obtained from the Internet or social media or to generic email aliases (e.g., webmaster@domain.com or info@domain.com) without obtaining prior affirmative consent;
• Using third-party messaging addresses and domain names without proper consent or authorization from the third party;
• Using or embedding tracking technologies (e.g., tracking pixels or cookies) in messages sent to a recipient prior to obtaining consent from that recipient to the extent and in the manner required by applicable law or regulation;
• Using purchased or rented email lists or messaging lists of recipients that have not affirmatively consented to receive messages from you;
• Using techniques or practices to evade mechanisms, filters (e.g., spam filters), and detection capabilities (e.g., anti-abuse or spam detection mechanisms) designed to identify unsolicited or unwanted emails, with the end goal being to send the final result through a good messaging service provider with solid deliverability); and
• Disguising, falsifying, or manipulating the subject matter, header, or transmission path information of any email.
  
  
  

Required: Affirmative Consent (“opt-in”) Requirements

Except for transactional messages (i.e., non-marketing messages that contain information about an action or transaction a recipient has taken or agreed to and, if applicable, updates or notifications to that recipient about that action or transaction), you must obtain affirmative consent prior to sending any messages to a recipient via the SnowShoe Messaging Services. Any affirmative consent must be freely given by each recipient to each sender (e.g., blanket consents or consents provided on behalf of a third party are not acceptable), informed, and unambiguous. This means a recipient must be (a) presented with the choice to provide or withhold consent; (b) informed of the sender’s identity (see Sender Identification paragraph below), how its email address will be used, and the subject matter of the emails it will receive; and (c) made aware of how to withdraw, at any time, any previously provided affirmative consent. You must obtain affirmative consent from a recipient again if you send that recipient messages after an extended period of non-engagement.

Any affirmative consent that you obtain from a recipient is strictly for the subject matter for which that recipient provided that affirmative consent. Please also note that any affirmative consent that you obtain is not transferable to your affiliates or any other party.

You are required to retain proof of all affirmative consents obtained from recipients at least until the recipient withdraws its affirmative consent. Upon written request from SnowShoe, you must promptly provide proof of a recipient’s affirmative consent and the date and the method through which that recipient’s email address was obtained.

Sender Identification Requirements

Each message that you send via the SnowShoe Services must (a) clearly identify and accurately represent the sender (i.e., the party that obtained the affirmative consent from a recipient or the party that is initiating the transmission of the message).

Email: Revocation of Affirmative Consent (“opt-out”) Requirements

Except for transactional emails (as defined above), the body of each email that you send via the SnowShoe Services must include (a) an active and accurate physical mailing address where a recipient can send an unsubscribe request via mail; (b) clear, conspicuous, and functioning unsubscribe hyperlink; and (c) a hyperlink to your privacy policy applicable to the emails you send.

A recipient must have the ability to revoke its affirmative consent at any time. You must honor all affirmative consent withdrawal requests within (10) days of the date they are sent, or the timeframe required under applicable law or regulation, whichever is shorter. You may not send emails to a recipient that has withdrawn its affirmative consent, unless that recipient provides its subsequent affirmative consent. This paragraph does not apply to transactional emails (as defined above).

Deliverability and SnowShoe Messaging Services Performance Risks

Sending certain messages may result in email deliverability issues or negatively affect the performance of the SnowShoe Messaging Services or SnowShoe’s business reputation, any one of which may constitute a violation of this Messaging Policy, as determined by SnowShoe, on a case-by-case basis. These include, but are not limited to, sending emails that result in (a) complaints from third parties (e.g., complaints from inbox providers or law enforcement agencies) or an unreasonable number of complaints from recipients (e.g., complaints of spam or similar complaints) or (b) excessive block listings or listings that exceed a reasonable period of time to resolve.