Spam Act 2003 Compliance Policy

1. Overview & Commitment

ChatLemur Pty Ltd (ABN 26 994 122 501) is committed to full compliance with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth). We take our legal obligations seriously and have implemented comprehensive policies and technical measures to ensure all our electronic communications comply with Australian law.

This policy applies to all commercial electronic messages sent by ChatLemur, including but not limited to marketing emails, promotional notifications, newsletters, and any other electronic communications with a commercial purpose.

2. Spam Act 2003 Compliance

The Spam Act 2003 regulates commercial electronic messages in Australia. Under this Act, it is illegal to send unsolicited commercial electronic messages ("spam") without meeting specific requirements.

The Three Key Requirements

All commercial electronic messages from ChatLemur must:

1. Consent: Only be sent with the recipient's consent (either express or inferred)
2. Identification: Contain accurate information about who authorised the message
3. Unsubscribe: Include a functional unsubscribe facility that remains operational for at least 30 days after the message is sent

What Constitutes a Commercial Electronic Message?

A commercial electronic message is any electronic message that:

• Offers, advertises, or promotes goods, services, land, or business opportunities
• Advertises or promotes a provider of goods, services, land, or business opportunities
• Assists or enables a person to obtain dishonest gain from another person

3. Commercial Electronic Messages

Types of Messages We Send

ChatLemur may send the following types of commercial electronic messages:

• Marketing emails: Promotional content about ChatLemur features and services
• Newsletters: Updates about product developments and industry news
• Special offers: Discounts, promotions, and limited-time offers
• Partnership announcements: Information about third-party integrations

Transactional Messages (Exempt)

The following messages are not considered commercial electronic messages and may be sent without marketing consent:

• Account verification and security notifications
• Password reset emails
• Transaction confirmations and receipts
• Service outage notifications
• Legal notices and policy updates
• Responses to user enquiries

Clear Commercial Intent

We ensure that the commercial nature of our marketing messages is clear and not disguised. Subject lines accurately reflect the content of the message, and promotional content is clearly identified as such.

4. Consent Requirements

Consent is the cornerstone of the Spam Act 2003. ChatLemur only sends commercial electronic messages where we have valid consent from the recipient.

Express Consent

Express consent is obtained when a person clearly and explicitly agrees to receive messages. At ChatLemur, we obtain express consent through:

• Signup forms: Clear opt-in checkboxes during account registration
• Newsletter subscriptions: Dedicated subscription forms with clear descriptions
• Preference centres: User-controlled settings for marketing communications
• Verbal consent: Documented phone conversations (where applicable)

Inferred Consent

Inferred consent may exist where there is a reasonable expectation that the person would want to receive the message, based on:

• Existing business relationship: The recipient has purchased a product or service within the last 24 months
• Conspicuous publication: The recipient has published their email address without indicating they don't want commercial messages
• Business card exchange: The recipient provided their contact details in a business context suggesting they'd welcome communication

Consent Records

ChatLemur maintains comprehensive records of consent, including:

• Date and time consent was obtained
• Method of consent (web form, verbal, etc.)
• The specific consent wording shown to the user
• IP address and user agent (for web-based consent)
• Any subsequent changes to consent status

5. Unsubscribe Mechanism

All commercial electronic messages from ChatLemur include a clear, functional, and accessible unsubscribe mechanism.

Our Unsubscribe Process

1. Every marketing email contains a clearly visible "Unsubscribe" link in the footer
2. One click takes the user to a confirmation page
3. No login is required to unsubscribe
4. The process requires no more than a single additional click to confirm
5. Unsubscribe requests are processed immediately in our systems

Unsubscribe Facility Requirements

Our unsubscribe mechanism complies with all legal requirements:

• 30-day operational period: The unsubscribe link remains functional for at least 30 days after the message is sent
• Low cost: No charge to unsubscribe (standard internet costs only)
• Single address: Uses the same electronic address to which the message was sent
• No conditions: No requirements other than identification of the sender and the message

Alternative Unsubscribe Methods

Users can also unsubscribe by:

• Emailing unsubscribe@chatlemur.com
• Using the preference centre in their account settings
• Contacting our support team

6. Sender Identification Requirements

All commercial electronic messages from ChatLemur clearly and accurately identify the sender as required by the Spam Act 2003.

Required Information

Every commercial message includes:

• Business name: ChatLemur Pty Ltd
• ABN: 26 994 122 501
• Physical address: Our registered business address
• Contact method: Email address or phone number for enquiries

Accuracy Requirements

This information must be accurate and valid for at least 30 days after the message is sent. We regularly audit our email templates to ensure sender identification remains current and accurate.

Header Information

We do not use false or misleading email headers. The "From" address, reply-to address, and routing information accurately reflect the true origin of our messages.

7. Penalties & Enforcement

We are fully aware of the serious penalties for breaching the Spam Act 2003 and take our compliance obligations accordingly.

Enforcement Powers

ACMA has extensive enforcement powers, including:

• Formal warnings: For minor or first-time breaches
• Infringement notices: On-the-spot fines for clear contraventions
• Enforceable undertakings: Binding commitments to remedy conduct
• Civil penalty proceedings: Court action for serious breaches
• Injunctions: Court orders to stop unlawful conduct

Our Compliance Program

To avoid penalties, ChatLemur maintains:

• Regular staff training on spam compliance
• Technical controls to prevent non-compliant messages
• Regular audits of marketing practices
• Clear escalation procedures for compliance concerns
• Documented policies and procedures

8. Do Not Call Register Compliance

ChatLemur complies with the Do Not Call Register Act 2006 (Cth) and the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2017.

Our Commitment

• We check the Do Not Call Register before making any telemarketing calls
• Numbers on the register are not called for marketing purposes
• We maintain our own internal do-not-call list
• Requests to stop calling are honoured immediately

Exemptions

The Do Not Call Register does not apply to:

• Calls to existing customers (with limitations)
• Calls where express consent has been given
• Calls from charities, educational institutions, and government bodies
• Certain research calls

Register Your Number

Australian consumers can register their phone number on the Do Not Call Register at www.donotcall.gov.au or by calling 1300 792 958.

9. Telemarketing Rules

If ChatLemur engages in telemarketing activities, we adhere to strict calling rules established under Australian telecommunications law.

Permitted Calling Times

Telemarketing calls may only be made:

• Weekdays: 9:00 AM to 8:00 PM (local time of the recipient)
• Saturdays: 9:00 AM to 5:00 PM (local time of the recipient)
• Sundays and public holidays: No telemarketing calls permitted

Caller Identification

When making telemarketing calls, we:

• Clearly identify ourselves and the purpose of the call at the beginning
• Provide contact details on request
• Display a valid calling number (no number suppression)
• Maintain accurate records of all calls made

Call Conduct Requirements

• Immediately stop when requested
• Add requesters to our do-not-call list
• Terminate calls politely and professionally
• Not make calls that harass or annoy

10. Complaints & ACMA

We take all spam complaints seriously and encourage users to contact us first if they have concerns about our communications.

Contacting ChatLemur

For complaints about marketing communications, please contact us:

• Email: compliance@chatlemur.com
• Support: support@chatlemur.com

We aim to respond to all complaints within 5 business days.

Reporting to ACMA

If you believe ChatLemur or any other organisation has breached the Spam Act 2003, you can lodge a complaint with the Australian Communications and Media Authority:

• Online: www.acma.gov.au/report-spam
• Phone: 1300 850 115
• Post: ACMA, PO Box 78, Belconnen ACT 2616

Do Not Call Complaints

For complaints about unwanted telemarketing calls, you can:

• Online: Lodge a complaint at donotcall.gov.au
• Phone: 1300 792 958