As a customer, if I did not opt in to get mail from you, then I would consider it spam. The general definition of spam is unsolicited email. So any mail that I did not request, I would consider spam. An easy solution which I have not done would be a checkbox on one of your checkout pages to add the customer to the newsletter mailing list. You can even have it checked true by default but you are still giving your customers the option to get the mailings or not.
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