Last updated: 7 October 2026.
Contents
This policy explains in plain words how the MailSenpai platform and SMTP Senpai may be used. It adds no new obligations: it summarizes the Terms and Conditions, which remain the reference text. The article each rule comes from is shown in brackets. If anything differs, the Terms and Conditions prevail.
1. Who can receive your emails
- Only email people who have agreed to receive your messages, where the law requires consent. Collecting consent is your responsibility and you must be able to prove it (arts. 3 and 5).
- This also applies to addresses you did not collect yourself, such as purchased or rented lists: you must be entitled to use them and, where required, have the recipients’ consent (art. 5).
- When you collect consent, tell people that you use an external service such as MailSenpai to send your emails (art. 5).
- Comply with the rules of the Italian Data Protection Authority on marketing and spam, in particular its decisions of 15 May 2013 and 4 July 2013 (art. 5).
2. Open and click tracking
- If your emails detect opens and clicks, say so in your privacy notice: what data, why and for how long (arts. 5 and 7-bis).
- Tracking a person’s opens individually requires their consent. You can ask for it together with consent to receive emails, if you say so clearly (art. 7-bis).
- For people who subscribed before 29 October 2026 you can keep tracking: the platform adds a notice with the preferences link to the first mailing (art. 7-bis).
- Choose the open rule for each list: automatic, consent only or never. If you import subscribers or add them via API, fill in the TRACKING field (art. 7-bis).
- Do not remove or hide the “Tracking preferences” and “Unsubscribe” links (art. 7-bis).
- Do not add your own pixels, images or other systems to track people who have not consented or have withdrawn consent (art. 7-bis).
- Individual open and click data are available for 12 months, then deleted. If you need them, export them first (art. 7-bis).
3. What you may not send
MailSenpai and SMTP Senpai may not be used to send (art. 5):
- spam, meaning unsolicited messages sent in bulk, or mailings meant to block or slow down the recipients’ systems (bombing);
- messages that break Italian or other countries’ laws: for example scams and phishing (emails pretending to be someone else to obtain passwords, data or payments), gambling and betting without the licenses required by law, material that infringes copyright, trademarks or other rights;
- viruses and other malicious code;
- obscene or pornographic material, child sexual abuse material, or blasphemous, offensive, defamatory content or content contrary to public order;
- messages that harass, offend or harm the people who receive them or anyone else.
You may also not use the service to intercept, block or take other people’s communications, or to violate the privacy of other internet users (art. 5).
4. How to use your account
- With SMTP Senpai you send only from verified sender addresses and domains (art. 12-ter).
- Keep your username, password and API keys safe. If you think someone is using them without permission, tell us right away (art. 4).
- You are responsible for anyone who uses the service on your behalf, such as employees and contractors. You may not let people you have not authorized use it, or transfer the contract to others without our written consent (art. 5).
- You may not decompile the software or try to obtain its source code (art. 6).
- Give us a valid, monitored email address for privacy requests from your recipients. We forward them from our abuse desk and they must be handled within 3 business days, 5 at most (art. 5).
5. What we do automatically
- Addresses that do not exist (hard bounce) and addresses that reported a message as spam go on your suppression list: emails to them are not sent and do not use up your volume. You can see the list in your area (art. 12-ter).
- On the MailSenpai platform we also exclude wrong addresses and people who asked not to receive your messages any more (art. 5).
- If bounces or spam complaints are abnormal, we tell you, explain what to fix and may suggest technical measures, such as a dedicated IP (art. 12-ter).
- We add the “Tracking preferences” link to every email and apply the subscriber’s choice to all your lists. For people who are not tracked we count opens only anonymously (art. 7-bis).
- We delete individual opens and clicks after 12 months (art. 7-bis).
6. What happens if the rules are broken
- Sending suspended. We may suspend sending at any time, including as a precaution and during the trial, and ask you for proof of your recipients’ consent. You have 10 calendar days to provide it (art. 5).
- Limits or closure. If the documents are missing or inadequate, we may reduce your sending speed, or block access and terminate the contract. In that case we may charge the €1,000 penalty set out in art. 5, plus any further damages (art. 5).
- Breaches of the Terms. In case of spam, lists without consent or other breaches we may suspend the service with immediate effect and terminate the contract without notice or refund (arts. 5, 10 and 12-ter).
- Security and fraud. We may deactivate an account that puts the system’s security at risk or suggests fraudulent activity, even if only attempted, and remove content reported as unlawful, possibly informing the judicial authorities (art. 4).
- Guarantee. The SMTP Senpai money-back guarantee does not apply in case of a breach of art. 5 or a suspension for misuse (art. 12-bis).
Communications with our abuse desk may be forwarded to third parties, such as mailbox providers and blocklists, and your identifying details may be shared with your recipients who ask for them after reporting abuse (art. 5).
7. Reporting abuse
Did you receive an unwanted email sent through MailSenpai or SMTP Senpai? Report it through the contact form, pasting the message, with full headers if possible.
