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The policy prohibits the use of purchased subscriber lists, scraped subscriber lists, and any other method of list collection that is not based on direct subscriber permission.
This analysis describes what ConvertKit's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that list collection methodology is a condition of platform access, and that accounts using non-permission-based lists are subject to immediate termination without refund or data export under the broader enforcement terms of the policy.
The agreement prohibits senders from importing or using purchased or scraped subscriber lists on the Kit platform; senders currently using such lists would be required to remove them to maintain compliance with this provision.
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"Purchased subscriber lists, scraped lists, or any other form of non-permission based list collection.Excerpt from ConvertKit's Acceptable Use Policy
(1) REGULATORY LANDSCAPE: The prohibition on purchased and scraped lists engages the CAN-SPAM Act's requirements regarding commercial email consent, as well as GDPR consent requirements for EU-resident subscribers. The use of scraped email lists may also implicate the Computer Fraud and Abuse Act (CFAA) and applicable state anti-spam statutes depending on the method of collection. The FTC has enforcement authority over CAN-SPAM violations. (2) GOVERNANCE EXPOSURE: Medium. This is a standard provision in email marketing platform acceptable use policies, but the combination of this prohibition with the immediate termination, no-refund, and discretionary data export provisions creates material operational risk for any organization that has historically used purchased or rented lists. (3) JURISDICTION FLAGS: EU and UK organizations face heightened exposure, as the use of purchased lists is generally inconsistent with GDPR Article 6 consent requirements and the ePrivacy Directive's opt-in requirements for electronic marketing communications. California senders should assess CCPA compliance for any third-party sourced subscriber data. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations migrating to Kit from other platforms should conduct a list audit to identify and remove any subscribers acquired through purchased or scraped lists prior to platform onboarding. Failure to do so creates immediate termination exposure under this policy. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should implement list hygiene procedures that include documentation of the acquisition method for each subscriber segment. Existing subscriber lists should be reviewed against the permission documentation standard established in the subscriber permission provision of this policy.
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This provision establishes that list collection methodology is a condition of platform access, and that accounts using non-permission-based lists are subject to immediate termination without refund or data export under the broader enforcement terms of the policy.
The agreement prohibits senders from importing or using purchased or scraped subscriber lists on the Kit platform; senders currently using such lists would be required to remove them to maintain compliance with this provision.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by ConvertKit.