Turn over of a Ubivox account

Posted by Jeff Rasmussen. Last updated: Fri, Oct 11, 2013

If you have sold your firm, your Ubivox-account can easily be turned over to the new owner by updating Account information. This is done at Account --> Account information, in conjunction with this step, the new owner has to submit his/her payment details at Account --> Invoices and payment.

Needles to say, the new owner is obliged to follow our terms of business as well as our anti spam policy. They can be found at Account --> Invoices and payment.

Can receivers be turned over?

According to the Danish Consumer Ombudsman's interpretation of the rules, receivers consent can be turned over, if the turn over includes all actives and passives of the business. Thus, the entire business has to be turned over to the new owner before the receivers can be turned over. The Danish Consumer Ombudsman writes the following in his guide to spam

If a trader purchases or takes over a customer consent record with the purpose of distributing marketing material by electronic mail – within the scope of the law - it is the trader's responsibility to ensure that the addressees have given their consent to receive such marketing material. Therefore, the trader should ask for a statement from the seller stating how consent has been obtained and make proper random checks to asses whether consent has been obtained legally. If marketing material is distributed by electronic mail to someone who has not given informed and explicit consent, it is for the court to decide whether the trader has acted negligently i.e. whether the trader has conducted the necessary assessment of whether consent has been obtained legally. If that is not the case the trader is punishable for violation of section 6 of the Danish Marketing Practices.

Estate in liquidation

There are specific rules for the turn over of receivers (consent), in relation to an estate in liquidation:

... in the DCO’s opinion a business cannot use a customer consent record purchased from an estate in liquidation, if the business has not taken over the bankrupt business’ assets and liabilities.

Thus receivers cannot be purchased from an estate in liquidation unless all business's assets and liabilities has been taken over as well.

What next?

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About the author

Jeff Rasmussen
Communications Officer

Adept at strategic communication, especially external. Handles the Ubivox LinkedIn profile and marketing campaigns.

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