1. Purpose

 

This policy explains how DS4MD uses email for marketing communications, how subscribers may opt in or opt out, and how we protect subscriber rights under applicable law.

 

We aim to maintain trust with our audience and adhere to the following legal frameworks:

    •    CAN-SPAM Act (U.S. federal law) — governs commercial email practices and sets baseline obligations.  

    •    Montana Consumer Data Privacy Act (MCDPA) — effective October 1, 2024, gives Montana residents rights regarding personal data, including requirements around consent, processing, and opt-out.  

 

 

2. Definitions

    •    Commercial Email / Marketing Email: Any email whose primary purpose is to promote a product, service, discount, or brand.

    •    Transactional or Relationship Email: Emails relating to an existing transaction or account (e.g. order confirmation, shipping notice). Such emails may be exempt from some marketing email requirements under CAN-SPAM.  

    •    Subscriber / Recipient: A person who provides consent or whose email address is legitimately collected per policy.

    •    Opt-out request: A subscriber’s request to stop receiving further marketing emails.

    •    Data Controller / Processor: Entities determining why and how personal data (e.g. email address) is used, or processing it. (Relevant under MCDPA.)

 

 

3. Consent & Subscription

    1.    Voluntary Sign-up

    •    We will collect email addresses only via affirmative opt-in (e.g. a checkbox or form) when users sign up for newsletters, updates, or promotional offers.

    •    The sign-up form must clearly state that the user agrees to receive marketing emails from DS4MD, and link to this policy or a privacy notice.

    •    Under MCDPA, any processing of personal data for marketing that goes beyond what is reasonably necessary or incompatible with the disclosed purpose must obtain additional consent.  

    2.    Existing Customers / Business Relationships

    •    We may send marketing communication to customers who have made a purchase or inquired, so long as the content relates to similar goods or services, so long as we comply with opt-out rules.

    •    Even so, each email must comply with CAN-SPAM’s disclosure, opt-out mechanism, and identification requirements.

 

4. Email Content Requirements & Best Practices

 

To comply with CAN-SPAM and best practices:

    •    Honest headers & sender info

The “From,” “To,” and routing information must accurately identify DS4MD or its agent. No misleading or deceptive addresses or domain names.  

    •    Clear subject lines

The subject line must accurately reflect the content of the email; it cannot be misleading.  

    •    Ad disclosure

If the email is commercial, it must be clearly labeled as such (for example: “This is a promotional message” or “You are receiving this email because …”)  

    •    Physical postal address

Every marketing email must include a valid mailing address (street address, P.O. box, or mailbox) for DS4MD.  

    •    Simple opt-out / unsubscribe mechanism

    •    Each email must contain a clear, conspicuous mechanism (link or reply) enabling recipients to unsubscribe or opt out of future messages.  

    •    Recipients must be able to unsubscribe without paying a fee or providing additional information (other than their email).  

    •    We must act on opt-out requests within 10 business days (i.e. remove the recipient from future marketing lists).  

    •    No deceptive tactics

We will avoid misleading claims, hidden fees, or subject lines engineered to trick recipients into opening.

 

5. Opt-out / Unsubscribe Procedures

    •    Opt-out requests will be processed automatically when possible, or manually within 10 business days.

    •    Once unsubscribed, that email address will be added to a suppression list to ensure future messages are not sent.  

    •    We will not sell or transfer unsubscribed email addresses to third parties, except perhaps to a service provider acting on behalf of DS4MD to maintain compliance.

    •    Upon opting out, the recipient will not receive further marketing emails, but we may still send non-commercial transactional emails (orders, account notifications).

 

6. Data & Privacy Under Montana’s MCDPA

 

Because Montana’s Consumer Data Privacy Act (MCDPA) becomes effective October 1, 2024, and may apply to DS4MD if we process significant Montana consumer data, we adopt the following additional obligations:

    •    Purpose limitation

We will collect and use email addresses only for the purposes disclosed (marketing, updates, transactional). If we wish to use them for additional purposes, we must seek further consent.  

    •    Consumer rights

Montana residents have rights to:

    •    Confirm whether we process their data

    •    Access their data

    •    Delete their data

    •    Correct inaccuracies

    •    Opt out of processing for targeted advertising or sale of personal data  

    •    Use an authorized agent to act on their behalf

    •    No weaker protections for minors

The law may impose stricter rules concerning minors; consent and messaging must account for that.  

    •    No cure period after Oct 1, 2025

As amended by SB 297, the prior 60-day cure period is removed, so compliance failures may be enforceable immediately.  

    •    Documentation & accountability

We will maintain records of consents, unsubscribes, and processing activities as part of compliance and audit readiness.

 

7. Third-Party Email Providers & Affiliate Conduct

    •    If we use external email service providers (ESPs), we will ensure they comply with this policy and CAN-SPAM requirements.

    •    We remain liable for their acts or omissions in relation to email marketing on our behalf.

    •    Any affiliate or partner who sends emails on our behalf must use proper headers, valid opt-outs, and follow content rules.

 

8. Enforcement, Review, & Updates

    •    This policy will be reviewed at least annually or when laws change (e.g. MCDPA updates).

    •    Violations by employees or contractors may lead to corrective action.

    •    In case of a compliance issue, DS4MD will take prompt steps to remedy and notify affected parties as required.