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What Is Affirmative Consent?

Affirmative consent is the knowing, explicit opt-in by a recipient to receive email.

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, 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 an email 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.

Affirmative consent is not required for transactional emails (i.e., non-marketing emails 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).

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