WHATALKER ANTI-SPAM POLICY

1. INTRODUCTION

1.1 Purpose. This Anti-Spam Policy (the “Policy”) sets forth the rules governing the sending of emails, instant messages, and any other electronic communications (collectively, “Communications”) through the SaaS services, additional modules, and APIs (the “Services”) offered by WhaTalker Inc., a corporation incorporated in the State of Delaware, United States (“WhaTalker,” “we,” or “our”).

1.2 Legal Compliance Commitment. WhaTalker is committed to operating in accordance with applicable laws on commercial communications and data protection, including but not limited to the CAN-SPAM Act and the California Consumer Privacy Act (U.S.), the Delaware Online Privacy and Protection Act, the General Data Protection Regulation (EU) (“GDPR”), Spain’s Organic Law on Data Protection and Digital Rights, Brazil’s General Data Protection Law (LGPD), and current privacy regulations in Latin America. Use of our Services constitutes full and unconditional acceptance of this Policy.

2.SCOPE

2.1 Covered Services. This Policy applies to any Service that allows customers to create, store, process, or transmit bulk or commercial Communications.

2.2 Recipients. It covers both direct WhaTalker clients and end users authorized by them to use the Services.

3. DEFINITIONS

3.1 “Commercial Communications” refer to messages primarily intended to promote or advertise goods, services, or brands.

3.2 “Express and Verifiable Permission” means unequivocal authorization granted by the recipient to receive Communications on a specific topic, documented in a way that can be demonstrated to WhaTalker or the relevant authority.

3.3 “Third-party Lists” refer to contact databases that are acquired, borrowed, rented, or otherwise obtained from a third party not affiliated with the account holder.

4. GUIDING PRINCIPLES

4.1 Consent: No Communication shall be sent without the recipient’s express and verifiable permission.

4.2 Transparency: The sender, corporate identity, and purpose of the Communication must be clear and truthful.

4.3 Relevance: Content must be directly related to the granted Permission.

4.4 Data Minimization: Only data strictly necessary for the stated purpose will be collected and processed.

5. EXPRESS AND VERIFIABLE PERMISSION

5.1 Valid Forms. Permission may be obtained through: (a) subscription forms with pre-unchecked opt-in boxes; (b) explicit acceptance during resource downloads or product purchases; (c) voluntary provision of a business card at an event, provided that the commercial nature of the Communications is disclosed.

5.2 Documentation. The account holder must maintain electronic or physical records verifying the date, time, method, and source of the Permission. WhaTalker may request such proof at any time.

6. PROHIBITED PRACTICES

6.1 Use of third-party lists or databases obtained without express Permission.

6.2 Collecting addresses through scraping, harvesting, or other unauthorized automated means.

6.3 Manipulation of headers, domains, “From/To” fields, or subject lines that may mislead recipients.

6.4 Sending Communications to recipients who have revoked their Permission or unsubscribed.

7. COMMUNICATION CONTENT

7.1 Clear Identification. All messages must include the sender’s full legal entity name and a valid physical mailing address.

7.2 Accurate Subject Line. The subject line must not mislead the recipient about the actual content of the message.

7.3 Advertising Disclosure. When applicable, Communications must visibly indicate they are promotional or for commercial prospecting.

8. UNSUBSCRIPTION MECHANISM

8.1 One-Click Link. Each Communication must include a functional link that allows recipients to unsubscribe immediately and at no cost.

8.2 Processing Time. Unsubscribe requests must be honored within a maximum of ten (10) calendar days.

8.3 Suppression List. The sender must maintain an up-to-date list of addresses that have exercised their right to opt out.

9. LIST HYGIENE AND SENDING FREQUENCY

9.1 Bounced and inactive emails must be removed or corrected after three (3) failed attempts.

9.2 Sending frequency should be reasonable and aligned with the expectations established when Permission was granted.

10. PERSONAL DATA PROTECTION

10.1 Legal Basis. The processing of personal data for marketing purposes shall be based on the data subject’s consent or legitimate interest, as permitted by applicable law.

10.2 International Transfers. Any transfer of data outside the European Economic Area shall be carried out in accordance with Standard Contractual Clauses or another GDPR-recognized adequacy mechanism.

10.3 Data Subject Rights. WhaTalker will enable recipients to exercise their rights of access, rectification, erasure, objection, portability, and restriction of processing.

11. MONITORING AND COMPLIANCE

11.1 Monitoring. WhaTalker reserves the right to review customer use of the Services to ensure compliance with this Policy.

11.2 Audits. In cases of reasonable suspicion of non-compliance, we may conduct technical audits or request additional information.

12. PENALTIES

12.1 Measures. Breaches of this Policy may result in warnings, temporary suspension, or permanent termination of the account, without prejudice to any legal actions that may apply.

12.2 Liability. The customer will be held responsible for any damage, penalties, or claims arising from non-compliance.

13. REPORTING ABUSE

13.1 Reporting. Anyone may report suspicious or abusive activity by emailing abuse@whatalker.com.

13.2 Investigation. All reports will be investigated, and appropriate measures will be taken if a violation is confirmed.

14. POLICY UPDATES

14.1 Modifications. WhaTalker may update this Policy at any time. Changes will be communicated via the platform dashboard or email.

14.2 Acceptance. Continued use of the Services following notification constitutes acceptance of the revised version.

15. GOVERNING LAW AND JURISDICTION

15.1 This Policy shall be governed and interpreted in accordance with the laws of the State of Delaware, United States, without prejudice to applicable mandatory consumer or data protection laws in the recipient’s jurisdiction.

15.2 In the event of any dispute, the parties submit to the exclusive jurisdiction of the competent courts of the State of Delaware, unless otherwise required by mandatory law.

16. CONTACT

WhaTalker Inc. 8 The Green Suite A, Dover, DE 19901, USA

Email: compliance@whatalker.com | abuse@whatalker.com

We appreciate your collaboration in maintaining a spam-free environment and respecting the privacy of all users.