Last updated: 30th June 2026
CreateSend is a permission-based email marketing service. Our service may only be used to send emails to people who have agreed to receive them, or where you otherwise have a valid lawful basis and marketing permission to contact them.
By using CreateSend, you agree to follow this Spam Policy, our Terms & Conditions, and all applicable email marketing, privacy and data protection laws.
1. No Spam
You must not use CreateSend to send spam, unsolicited email, misleading email or any message that breaches applicable email marketing or electronic communications rules.
You are responsible for ensuring that every person you contact through CreateSend may lawfully receive the relevant communication from you.
2. Permission-Based Lists Only
You may only use CreateSend with subscriber lists that have been collected lawfully and with appropriate permission.
This means that the recipient must have:
- subscribed directly to receive emails from you;
- given valid consent where consent is required;
- provided their details in a context where they would reasonably expect to receive the type of communication you are sending; or
- otherwise be contactable by you under a valid lawful basis and marketing permission.
You must be able to explain how, when and where your subscribers joined your list.
3. Lists You Must Not Use
You must not use CreateSend with:
- purchased email lists;
- rented email lists;
- scraped or harvested email addresses;
- third-party lists where you do not have proper permission;
- old or inactive lists where permission is no longer valid;
- lists collected for a different purpose without appropriate notice or permission;
- lists that are likely to generate high bounce, complaint or unsubscribe rates.
If we have concerns about a list, we may ask you to confirm how the list was collected. We may refuse, suspend or cancel a campaign or account where we believe the list creates a compliance, reputational or deliverability risk.
4. Examples of Acceptable List Collection
The following are examples of list collection methods that may be acceptable, provided they are used properly and supported by appropriate notices:
- a website signup form where the person clearly asks to receive your emails;
- a checkout or enquiry form with a clear, optional email marketing sign-up;
- an event registration form where marketing communication is clearly explained;
- an offline paper form that clearly states the person is signing up to receive emails;
- a competition or promotion where email marketing permission is clearly disclosed and recorded;
- a previous customer or business contact where your communication is lawful, relevant and permitted.
The method used must be suitable for the type of communication you send.
5. Examples of Unacceptable List Collection
The following are not acceptable:
- buying a mailing list;
- copying email addresses from websites, directories, social media or public sources;
- using a list supplied by another organisation without proper permission;
- adding people to your mailing list because they gave you a business card, unless they clearly agreed to receive marketing emails;
- emailing people who previously unsubscribed;
- importing old contacts without checking whether permission is still valid;
- using personal data for a purpose that was not explained when it was collected.
6. Unsubscribes and Suppression Lists
Every marketing email sent through CreateSend must include a working unsubscribe option.
You must respect all unsubscribe, opt-out and suppression requests.
You must not:
- remove or interfere with unsubscribe links;
- re-import unsubscribed contacts as active subscribers;
- send further marketing emails to people who have opted out;
- delete suppression records in a way that causes unsubscribed contacts to be contacted again.
Where suppression lists are provided to you or maintained by you, you are responsible for ensuring that they are accurate, complete and properly applied.
7. Campaign Content
You are responsible for the content of every email campaign you send.
Your emails must:
- clearly identify who the email is from;
- include accurate sender information;
- not be misleading;
- not impersonate another person or organisation;
- not contain unlawful, harmful, offensive, discriminatory, defamatory or deceptive content;
- comply with applicable law and advertising standards.
We may suspend or refuse any campaign where we believe it could breach this policy, harm deliverability, damage reputation or create legal risk.
8. Complaints, Bounces and Deliverability
High complaint, bounce or unsubscribe rates can damage email deliverability for all users of the service.
We monitor usage and may review accounts or campaigns that generate unusual complaint, bounce, unsubscribe or abuse levels.
We may suspend or terminate access where:
- complaint levels are excessive;
- bounce rates are unusually high;
- a list appears to be old, purchased, scraped or poorly permissioned;
- recipients report that they did not request the emails;
- a campaign creates deliverability, compliance, security or reputational risk.
We may act before a specific complaint threshold is reached if we believe there is a serious risk to the service or to other users.
9. Tracking and Privacy Notices
CreateSend may provide reporting on email delivery and engagement, including opens, clicks, bounces, complaints, unsubscribes and related technical information.
You are responsible for ensuring that your privacy notices and consent mechanisms properly explain your use of email marketing and campaign tracking where required by law.
10. Sensitive Data
CreateSend is not designed or intended for special category data or other highly sensitive personal data.
You must not upload, store, send or otherwise process sensitive personal data through CreateSend unless this has been expressly agreed with us in writing.
This includes health data, financial account data, cardholder data, government identifiers, children’s data, criminal offence data, trade union membership, religious or philosophical beliefs, racial or ethnic origin, political opinions, biometric data, genetic data or data concerning a person’s sex life or sexual orientation.
11. Your Compliance Responsibilities
You are responsible for ensuring that your use of CreateSend complies with applicable law.
This includes responsibility for:
- lawful collection of subscriber data;
- maintaining appropriate records of consent or permission;
- providing appropriate privacy notices;
- using accurate and up-to-date data;
- respecting unsubscribes and objections;
- applying suppression lists correctly;
- ensuring your campaign content is lawful;
- responding to data protection or privacy requests relating to your subscribers.
This policy does not constitute legal advice. If you are unsure whether you can lawfully email a list, you should take appropriate advice before using CreateSend.
12. Account Suspension or Termination
We may suspend, restrict or terminate your access to CreateSend if we believe that you have breached this Spam Policy, our Terms & Conditions, applicable law or accepted email marketing practice.
We may also suspend or terminate access where your use of the service creates a legal, compliance, security, deliverability, reputational or operational risk.
13. Reporting Abuse
If you believe CreateSend has been used to send spam or unlawful email, please contact us.
Email: [email protected]
Please include a copy of the email received, including full headers where possible.
14. Company Details
CreateSend is provided by Byrne Ventures Limited trading as Acton BV / CreateSend.
Company number: 403195
Registered office: Unit 9, Clare Technology Park, Ennis, Co. Clare, V95 YV78, Ireland
Email: [email protected]
Website: www.createsend.ie