Beneath the Surface AU
Version 2.2 : Effective 15 August 2026
Policy Scope
Applies to all commercial electronic messages sent by Beneath the Surface AU, including marketing emails, newsletters, event announcements, and direct outreach to organisations. Governed by the Spam Act 2003 (Cth) and Spam Regulations 2021 (Cth), enforced by the Australian Communications and Media Authority (ACMA).
1. Overview and Legal Basis
1.1. Beneath the Surface AU is committed to complying with the Spam Act 2003 (Cth) in all commercial electronic communications. This policy establishes our obligations and procedures for sending commercial electronic messages, including marketing emails, newsletters, event announcements, and direct outreach.
1.2. The Spam Act 2003 (Cth) imposes three core obligations on senders of commercial electronic messages: (a) messages may only be sent with consent; (b) each message must clearly identify the sender; and (c) each message must include a functioning, cost-free mechanism for recipients to unsubscribe.
1.3. The Australian Communications and Media Authority (ACMA) enforces the Spam Act. Non-compliance may result in formal warnings, enforceable undertakings, or civil penalties.
1.4. This policy operates alongside the Privacy Policy 2026, which governs the collection, storage, and disclosure of personal information (including email addresses and contact details). Where both policies apply, both sets of obligations must be met.
2. What Counts as a Commercial Electronic Message
2.1. For the purposes of this policy, a commercial electronic message is any email, SMS, or similar electronic message sent by BTS AU with a commercial purpose. This includes messages that promote or advertise workshops, speaking or keynote engagements, consulting services, publications, or the BTS AU newsletter.
2.2. The following are not commercial electronic messages and may be sent without the consent requirements in this policy:
- Invoices and payment receipts
- Booking and event confirmations
- Course enrolment and session notifications
- Client records and progress summaries
- Direct replies to enquiries received from the recipient
- Information requested by the recipient in the ordinary course of service delivery
For terms governing transactional messages, see Terms (Invoices) and Terms (Quotes).
3. Consent
3.1. BTS AU will only send commercial electronic messages to recipients who have provided express consent or from whom inferred consent can reasonably be drawn.
3.2. Express consent is given when a person directly opts in to receiving commercial messages from BTS AU. Examples include completing a mailing list sign-up form, ticking a consent box at registration, or explicitly requesting to be added to the newsletter. Express consent is the preferred basis for all new subscribers.
3.3. Inferred consent may apply where:
- An existing business or professional relationship exists (e.g. a prior workshop attendee, a consulting client, or an organisation that has previously engaged BTS AU) and the message is relevant to that relationship; or
- A person has conspicuously published their contact details for business purposes (e.g. on a professional website or directory) and the message is relevant to the person’s role or stated function.
3.4. Consent cannot be inferred from silence, pre-ticked boxes, or contact details obtained through purchased or scraped lists. BTS AU does not purchase mailing lists.
3.5. Consent records (including the method of consent, the date it was given, and any supporting evidence) must be retained for a minimum of three years. See Section 7.
4. Sender Identification
4.1. Every commercial electronic message sent by BTS AU must clearly and accurately identify the sender. Messages must include:
- Organisation name: Beneath the Surface AU
- Contact email: the operational email address used for correspondence
- Physical address: PO Box 48, Ballajura, Western Australia 6066
- Website: beneaththesurface.au
4.2. Deceptive, misleading, or false sender information is prohibited under the Spam Act 2003 (Cth) and will not be used in any BTS AU communications.
5. Unsubscribe Requirements
5.1. Every commercial electronic message sent by BTS AU must include a clearly visible, functioning unsubscribe mechanism, either a direct unsubscribe link or a plain-language reply instruction.
5.2. Unsubscribe requests must be honoured within 5 business days of receipt. During this period, no further commercial messages may be sent to the unsubscribed address.
5.3. No fee, barrier, account login, or any other condition may be imposed on a recipient wishing to unsubscribe.
5.4. Once a person has unsubscribed, their email address must not be re-added to the mailing list without new, express consent from that person.
6. Transactional Message Exemption
6.1. The messages listed in Section 2.2 are not commercial electronic messages for the purposes of the Spam Act 2003 (Cth) and may be sent to clients and participants regardless of their marketing consent status.
6.2. Transactional messages must not be used to carry commercial content that would otherwise require consent. If a transactional message includes promotional material, the message as a whole may be treated as a commercial electronic message and the consent and unsubscribe requirements in Sections 3 and 5 will apply.
7. Record Keeping
7.1. BTS AU maintains records of:
- The consent method and date for each subscriber on the mailing list
- Unsubscribe requests and the date each request was processed
- The platform(s) used to manage the mailing list and send commercial messages
7.2. Kit (kit.com, operated by Kit.com, Inc., formerly ConvertKit) is the current mailing list and email dispatch platform. Kit records the date and method of each subscription, maintains unsubscribe handling, and provides subscriber and delivery records that serve as the audit trail for this policy.
7.2.1. Kit is located in the United States. Subscriber personal information is therefore disclosed overseas. That disclosure, and our obligations under Australian Privacy Principle 8, are set out in Section 11 of the Privacy Policy 2026.
7.2.2. Consent and unsubscribe records must be exported and retained separately if the platform changes or the account is closed. The three-year retention obligation in 7.3 sits with BTS AU and is not discharged by the platform holding the records.
7.2.3. Squarespace was the platform until 14 August 2026. Consent and unsubscribe records created while Squarespace was in use must be exported and retained under 7.2.2 before that account is closed. Those records are not migrated automatically and are not recoverable once the account lapses.
7.3. All consent and unsubscribe records must be retained for a minimum of 3 years from the date of the relevant action.
8. Relationship to Privacy Policy
8.1. This policy operates alongside the Privacy Policy 2026. The Privacy Policy governs the collection, storage, use, and disclosure of personal information, including email addresses collected through the BTS AU website, workshop registrations, and research activities.
8.2. This policy governs the specific use of contact details for commercial electronic messaging. Where a subscriber exercises their right to access or deletion of personal information under Privacy Policy Section 7, their email address will also be removed from the BTS AU mailing list in accordance with this policy.
8.3. Both policies must be complied with simultaneously. Compliance with one does not discharge obligations under the other.
9. Complaints and Enforcement
9.1. If you believe BTS AU has sent you a commercial electronic message without your consent, or that we have not honoured an unsubscribe request, you may contact us directly:
- Email: privacy@beneaththesurface.au
- Post: PO Box 48, Ballajura, Western Australia 6066
9.2. We take spam compliance seriously and will investigate all complaints promptly.
9.3. If you are not satisfied with the outcome of your complaint, you may refer the matter to the Australian Communications and Media Authority (ACMA):
- Website: www.acma.gov.au
- Phone: 1300 850 115
9.4. Under the Spam Act 2003 (Cth), civil penalties for systemic non-compliance can reach $2.2 million per day for body corporates. BTS AU is committed to full compliance with these obligations.