Ah. I'd have marked the former as spam too (it's an advertisement reminding the recipient you exist, not something in response to a transaction just committed / something they did), but the latter seems plenty safe.

But then, I have no idea how you'd be correlate the transactional mail to the marketing mails anyway (I'd use separate addresses for that). If somebody added my address to a list I didn't sign up for, any mail from them would just be a reminder they did so... It wouldn't be hard to imagine somebody marking everything in the future as spam automatically after glancing at the sender name.