Electronic Communications and Transactions (b) [No. 4 of 2021 163 a valid and operational optout facility from receiving similar communications in future; (c) the identifying particulars of the source from which the originator obtained the addressee’s personal information; and (d) applicable privacy and other user policies. 65. (1) A person may send one unsolicited commercial communication to a consumer. (2) A person shall only send a commercial communications to an address where the optin requirement is met. (3) The optin requirement is met where the addressee consents to the receipt of commercial communication and where— (a) the addressee’s email address, phone number and other personal information was collected by the originator of the message in the course of a sale or negotiations for a sale; (b) the originator only sends promotional messages relating to its “similar products and services” to the addressee; (c) the personal information and address was collected by the originator, the originator offered the addressee the opportunity to optout, free of charge except for the cost of transmission, and the addressee declined to optout; and (d) the opportunity to optout is provided by the originator to the addressee with every subsequent message. (4) A person shall not send a commercial communication on goods or services unless— (a) the consumer consents to the communication; (b) at the beginning of the communication, the sender discloses the identity of the sender and its purpose; and (c) that communication gives an optout option to reject further communication. (4) A contract is not formed where an addressee does not respond to commercial communication. (5) An originator who fails to provide the recipient with an operational optout facility under subsections (2)(c) and (d) commits and offence. Unsolicited goods, services or communications