XGATE is a permission-based mobile & email service provider and we host, manage, and send SMS & email messages on behalf of our diverse range of corporate clients. As best practice & reputable commercial senders, our clients strive to ensure that recipients feel confident that the SMS & email messages in their inboxes were genuinely sent on the clients’ behalf.

Active Members Pledge

Our clients agree to adhere to our permission marketing guide and privacy policy as part of their subscription agreement. As part of this policy, XGATE forbids any of our clients to send unsolicited Electronic Messages (Email, SMS, MMS, etc) commonly known as “spam”, through our digital marketing platform. Prior affirmative consent of the individual must be obtained, as defined by the Hong Kong Unsolicited Electronic Messages Ordinance (UEM Ordinance of 2007), or the CAN SPAM Act of 2003; or as defined by the European Commission Privacy and Electronic Communications Directive.

Unsubscribe Link & Physical Address

Clients are required to have an unsubscribe link prominently displayed in their message as well as reaffirm their agreement to the Permission Marketing Policy every time before importing their opt-in email lists into their account. . As policy, clients also must include their physical address in their emails. We monitor unsolicited and spam complaints and other indicators of poor permission marketing practices closely. We consult and take corrective actions with clients when complaint levels exceed acceptable levels and/or their list growth practices are in violation of this policy. Clients who are not able to come into compliance with this policy are subject to various enforcement measures, including termination.

Commercial EMAIL messages When XGATE sends a message on behalf of a client, the ‘from’ address that you see (or located within the ‘header’ of the email message) may include a reference within the domain name to XGATE as the ESP. This will come in one of three forms:

• A portion of XGATE DMS’s domain may appear in the ‘from’ address, such as: BRAND@edm.xgate.com.hk (Note that XGATE DMS owns multiple domains that we use for email delivery, including ‘xgate.com.hk’)
• A client may allocate a portion of their domain for our use, such as email@xgate.emailsender.com (Note that the ‘xgate’ in front of the emailsender.com domain name indicates the client has allocated to us a portion of their domain, known as a ‘subdomain’ that we may use to send email on their behalf
• email@uniqueemailsenderdomain.com. (Some clients prefer to create an entirely new domain related to their brand for email purposes that XGATE administers on their behalf.) We encourage you to email abuse@edm.xgate.com.hk if you did not agree to receive email from one of our clients. We will investigate the issue and address with the client, as described above

In compliance with Hong Kong Personal Data (Privacy) Ordinance, once a member of the public has requested opt-out from direct marketing activities, as data handler on behalf of the client, we will:

• Transfer the contact of that person to an opt-out/suspend list which will prevent any further communications to that individual
• Stop using his/her personal data in direct marketing
• Stop transferring his/her personal data to any other person for use in direct marketing
  
  

Commercial SMS Messages

When a client signups to use the XGATE SMS platform, XGATE will assign a SenderID to the account, based on the company Name/Brand (up to 11 alphanumeric characters). By default, and in most cases, clients are not able to change this, so that this information will provide clear and accurate sender information to the receiving mobile recipients. SMS messages sent using the XGATE platform will have:

• A clear and accurate sender information in the message in the SenderID
• Have unsubscribe/Inquiry Number facility in each SMS
• Real-time the Do-not-call Registers check for Unsolicited Electronic Mail (UEM) Compliance

We encourage you to contact abuse@xgate.com.hk or contact XGATE if you did not agree to receive SMS from one of our clients. We will investigate the issue and address with the client, as described above.