Anti-Spam Policy

1. Projects covered

This policy applies to B2B email marketing agreed with Positive Group Deutschland GmbH through kliniktreuhand.de. It supplements the engagement and the terms and conditions. Sending takes place only under an expressly agreed engagement.

2. Consent and existing customers

Advertising emails generally require the recipient’s prior express consent. This also applies to business recipients. A public email address, industry relevance, a business card or assumed interest is not sufficient.

The existing-customer exception under section 7(3) of the German Act Against Unfair Competition applies only when all four conditions are met: the address was obtained during a sale; the advertising concerns the sender’s own similar goods or services; the customer has not objected; and a clear opportunity to object at any time is given when collecting the address and on every use. Only standard transmission charges may apply.

The data protection basis and information duties are considered separately. A legitimate interest does not replace consent required by the Act Against Unfair Competition.

3. Origin and evidence

Origin and permission must be supported by traceable records. These include the consent wording, time, source, scope and any confirmation. Online signups require an appropriately documented double opt-in process.

Double opt-in does not retrospectively validate an unlawful collection of data. Records are retained only to the extent necessary.

4. Excluded practices

Purchased or rented address lists, contacts harvested from websites and unverified third-party lists are not used for sending. Nor are contacts who have objected or unsubscribed.

Misleading sender details or subject lines, concealing the commercial purpose, and unlawful content or content infringing third-party rights are prohibited.

5. Sender identity and unsubscribing

Every advertising email identifies the responsible sender, includes the required provider information and offers a simple way to unsubscribe. No account, login or reason is required.

Unsubscribes, consent withdrawals and objections are respected before any further affected send. Necessary suppression entries prevent renewed unlawful contact. Their scope and retention are limited to that purpose.

6. Approval and sending

Permission, content, sender identity, the unsubscribe process and technical responsibilities are settled before sending. Required data protection and processing agreements are concluded in advance.

Sending begins only after the agreed approval. Technical authentication and deliverability do not replace consent or legal review. No particular delivery, open or conversion rates are guaranteed.

7. Complaints

A complaint or justified suspicion of a breach puts the affected activity on hold until clarified. Origin and consent records may be requested, and affected contacts may be suppressed. Statutory and contractual rights remain unaffected.

To help us investigate, identify the domain, sender, sending time and relevant message content where possible. Please do not send unnecessary third-party data.

Contact for complaints and objections

Write to the address below. A subject such as “Unsubscribe”, “Objection” or “Spam complaint” helps route your request but is not a condition for processing it.