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Is it legal to collect email addresses from a directory or use email finder tools?

HawkOpen does not find or sell email addresses, and its legal documents do not assess how addresses are collected. In the EU, a work address assigned to a person can be personal data, and being published online does not make it free to use for marketing.

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Spain’s AEPD explains that an email address that identifies a person is personal data, at work too. In the US, federal and state laws apply. Check the rules of the country where your recipients are.

HawkOpen has no service that checks addresses before you send. A one-time code sent by email, used for example to open a protected document, only confirms that someone has access to that mailbox; it says nothing about where the address came from. HawkOpen’s terms require that you have the authority to contact your recipients and do not allow unsolicited bulk messaging.

Campaign emails carry an unsubscribe link and a one-click unsubscribe header, so people who do not want your emails can leave the list easily.

Sources

  • Does the CCPA apply to small businesses that track emails?

    Not automatically. The CCPA covers for-profit businesses that do business in California, collect personal information of California residents or have it collected for them, decide why and how it is processed, and meet at least one of its thresholds. Being small does not on its own exempt a business, and some duties also reach service providers.

  • Are email tracking pixels a CIPA wiretap or pen register risk in California?

    In California there have been lawsuits over various tracking technologies under the California Invasion of Privacy Act (CIPA), as wiretapping or as a “pen register”. The outcome depends on the technology used, the legal basis of the claim and the specific circumstances; HawkOpen makes no claim about how CIPA applies to you.

  • How are CCPA access and deletion requests handled for HawkOpen tracking data?

    HawkOpen offers the same tools wherever people live: a recipient enters on the HawkOpen privacy page a one-time code sent to their address, which confirms only access to that mailbox, and can then download the tracking data about that address or request erasure, and the account owner can export or delete account data. Whether these tools meet the CCPA’s requirements in your case is not assessed here.

  • Does CAN-SPAM apply to B2B and cold emails?

    Yes. According to the US Federal Trade Commission, CAN-SPAM covers commercial email, including business-to-business email. Among other things it requires accurate header information and subject lines, a valid physical postal address and a working way to opt out that is honoured promptly. Purely transactional or relationship messages are treated differently.

  • Does CAN-SPAM say anything about open tracking?

    CAN-SPAM, as the US Federal Trade Commission describes it, deals with the content of commercial email, opting out and identifying the sender; it does not settle tracking pixels. Other US federal and state laws may apply to tracking, and HawkOpen’s legal documents do not analyse them.

  • What are the CAN-SPAM Act requirements?

    The US Federal Trade Commission’s guide lists, among others: no false or misleading header information, no deceptive subject lines, identifying the message as an ad where required, a valid physical postal address, a clear way to opt out and honouring opt-outs within 10 business days. Some of these rules apply to commercial messages only; transactional or relationship messages have narrower requirements.

  • Do HawkOpen campaigns add the physical postal address that CAN-SPAM asks for?

    No. The only line HawkOpen adds for opting out carries the “Do not send me messages” link and no address. Add your company’s valid physical postal address to the text of your email or campaign yourself; HawkOpen does not check that it is there.

  • Can I use HawkOpen with health data or student records?

    Do not use HawkOpen for health information or protected student records for now. HawkOpen makes no claim under US health privacy law or FERPA, and it offers no special contract terms for such data.

  • Do US recipients also see the tracking notice, and in which language?

    Yes. HawkOpen adds the same notice to every tracked email, wherever the recipient is, and tracks a recipient only when your company has recorded their consent. Its language follows the text of the email, so an English email gets the English notice.

  • Is cold emailing a company alias like sales@ different from emailing a named person?

    It can make a difference, because an address assigned to a person can be personal data even when it is a work address, while a generic alias may not identify anyone. The rules depend on the country, and HawkOpen’s legal documents do not assess this, so this answer gives only general information.

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