Wednesday, June 24, 2009

Send only relevant offers to consenting recipients

Unconditional best practice demands that mar marketing communication via email only be keting und undertaken ertaken to a person/address with whom you have a relevant prior business or perso personal nal relationship relationship, or from whom you have obtained btained express or inferred consent.

Key requirements:
  • A relevant business or personal relationship
  • Express consent - express permission directly from the recipient
  • Inferred consent - relevant prior business or personal relationship exists
NB : The UEM Act 2007 also provides for deemed consent, i.e. where an email address is conspicuously published without a "do not email" proviso. Sending unsolicited email messages to such an address is not regarded as best practice email marketing.
  • Permission is not transferable - email addresses submitted by referees do not become permission addresses for your future use unless authorised by the addressee
  • Best practice requires the development of an audit trail detailing how and when a recipient opted in/out - it is advisable to create or maintain a 'source' field in your database to quickly supply proof of permission if required

It is acceptable for marketers to email:
  • customers who have supplied their email address but not been previously emailed - Principles 2 and 5 must be applied. All emails will require an opt out facility.
  • prospects who have entered a competition with the understanding (specified in the competition Terms & Conditions of entry) that they will be contacted by email. This should be considered as a temporary contract between the competition’s commencement and completion, unless it is clearly specified at the point of acquisition that ongoing offers/promotions will be sent
  • customers to update the status of an order - this is regarded as a transactional email communication
  • customers regarding invoices or receipts - this is also regarded as a transactional email communication
  • to acknowledge receipt of communications

It is NOT acceptable for marketers to email:

  • a list of recipients whose email addresses have been harvested (see Principle 6)
  • persons who have not given permission
  • offers which are not relevant to the recipient
  • a third party's database unless permission has been received from each person listed in that database

Third Party Lists:
  • The Marketing Association's Code of Practice for Direct Marketing in New Zealand makes specific reference to third party lists in Principle 4.
  • "4(b). 5 Third party lists: Marketers using third party lists must ensure the list complies with the requirements of the Privacy Act 1993."
  • If you intend to make personal data available to third parties for inclusion on their lists, you must notify individuals of your intent at the time of collecting the data, and obtain their positive consent through opt-in.

Friend Friend-get get-Friend Marketing:
  • This covers the practice of asking receivers of an online communication to forward it to other people.The Marketing Association’s Code of Practice for Direct Marketing in New Zealand makes specific reference to list referral in Principle 4:
  • "4(b).4 Marketing list referrals: Marketers must not allow individuals to sign others up to receivemarketing offers without their permission."
  • Before carrying out friend-get-friend marketing, you must notify the person who provides another person's email address that their name will be advised to the person they have referred to you.
If you are provided with an individual's email address through the referral of another person, you are permitted to send the referred individual one email, which should:
  1. include the name of the person who provided that person's email address to you
  2. invite that person to subscribe to a specified list or lists
  3. ensure that personal data is neither used nor retained unless the recipient opts in to receiving further emails
Individuals should NOT be encouraged to forward an email to an entire address book. When briefing a friend-get-friend marketing concept to an agency or preparing for this type of strategy, you should only encourage the recipient to invite one or a few friends to subscribe, making invitations more targeted and relevant.

NB : It should be noted that this advice is based on verbal discussions with the Anti-spam Unit of the Department of Internal Affairs. The legislation has not yet been tested in law.




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