“You must be able to point to an opt-in form or show other evidence of consent for any commercial or marketing email you send.”
This analysis describes what Mailchimp'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 requirement places an affirmative burden on Members to retain documented proof of consent, not merely to obtain it, for all commercial and marketing emails.
You are required to maintain and be able to produce an opt-in form or other evidence of consent for every commercial or marketing email you send through Mailchimp.
How other platforms handle this
send, post, or transmit unsolicited commercial messages or promotional content to other users, or engage in advertising or solicitation through Anker's Services, without our express prior written consent
use the Service for any commercial solicitation purposes
to generate, distribute, publish, or facilitate unsolicited mass email, promotions, advertisements, or other solicitations
"You must be able to point to an opt-in form or show other evidence of consent for any commercial or marketing email you send.Excerpt from Mailchimp's Acceptable Use Policy
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This requirement places an affirmative burden on Members to retain documented proof of consent, not merely to obtain it, for all commercial and marketing emails.
You are required to maintain and be able to produce an opt-in form or other evidence of consent for every commercial or marketing email you send through Mailchimp.
ConductAtlas has identified this type of provision across 273 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mailchimp.