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
Use the services for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation.
Because required cookies are essential to operate the websites, there is no option to opt out of these cookies.
You may not, however, distribute, copy, reproduce, display, republish, download, or transmit the Clip or any portion of the Clip for public or commercial use, including without limitation, using the Clip in any ad-supported blogs or websites
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"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 Mailchimp 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 281 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mailchimp.