Hi Gang
Update about today's call with Rocket Mountains AG.
Q: Involvement of rocketmails.ch:
They used to work together in the past but have split since. They don't know why their emails contained the 'wrong' sender and reply-to header and are investigating the issue. (I'll also ask Tassero).
Q: Partner of Swiss Post:
They mentioned that they are a partner of Swiss Post. But they did not tell me that they got the data from Swiss Post. That was a misunderstanding on my side.
They got the data from the recipients from Partner which, according to their understanding of the Swiss legal situation, they only have do disclose to the affected recipients and to no one else.
Q: Why don't they transparently state in the emails, where they got the recipient's data from, so the recipient can retrace why he got this advertisement email?
They don't see any legal obligation to do so. Just putting a footer in the email stating that Rocket Mountain AG sent the email and how to contact them fulfills all legal requirements.
If a customer wants the details, he can sent in a copy of and ID and he will get all the details!
Q: Don't they think, transparently disclosing the source of the data to the recipient would avoid their emails to be flagged as spam because it is to cumbersome for the customer to do the whole procedure to request this data?
No! They follow all legal requirements, they are not obliged to do more. It's not their fault. It's the fault of the recipients if they don't contact them and asks where they got their data and just wrongfully report such emails as spam.
But they will discuss the issue internally and have agreed to send me the details providing a proof of consent to receive those emails for the affected customers, with personal details blacked out.
Mit freundlichen Grüssen
-Benoît Panizzon-