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Under GDPR, will this from of marketing be compliant.? Sorry, I don't appear to be able to launch the reply button to your response, regarding your reply, we consider a posted mail merge to be a one page letter printed and posted with a prepaid business response envelope. I don't know how it impacts direct mail. Wish I had found this earlier! And a special thanks for including our examples on webforms in your GDPR article I've just shared it now! Hello Steven, I create databases of potentional customers from websites, linkedin etc, and always try to get the name of the marketing manager or director, and then we send out our company brochure.
We have a return address envelopes, and also in the letter we have a statement saying that if they no longer wish to receive information then to email us and we will remove them from our database. Is this enough, or am I only allowed to send the brochures to the company and not a named person? I suggest sending these brochures to a company, and not a person.
But, I recommend checking with a legal team just to be sure as it might be fine the way it is. HI Steven I work for firm of accountants. We have used this platform in the past to put a database together to contact potential clients and we pay to use this. On the BvD Mint welcome page, you are gives you all the tools you need to create these mailing lists. I am presuming they have sought consent from all the companies listed to be contacted by third parties for marketing purposes. Should I be seeking the relevant consent documents from BvD, in order comply with GDPR or as of 25 May should we not be attempting this kind of marketing exercise?
I look forward to receiving your comments. Hi Claire, great question! I strongly recommend you seek out documented consent from BvD if you plan to continue with these activities and want to comply with GDPR.
Now what about if I didn't mention the email newsletter in the confirmation link but simply had some small print saying you give consent to be emailed marketing messages twice a month when you confirm your email for the giveaway? I've read quite a few articles but there aren't any clear cut examples. Thanks for the comment and I appreciate the kind words. These New rules change the marketing process a lot. This is in stark contrast to firms that buy email lists or scrape or copy them from a website. Don't have any friends? Hi Sam, I'm no legal expert, so I recommend you run this past a professional.
With the new GDPR guidelines coming into place in the next couple of months, I was just hoping for some clarity in relation to photographs, now that they are considered data. We upload these images to Facebook, to help promote the bar.
If any person has a particular issue with any of the images we immediately remove them. So, my question is whether we can continue to have a photographer take these style of shots? It would be nigh on impossible to stop every subject and ask for a model release form for any potential commercial use?
That's a good question, Declan. Have you sought out legal advice? Hi Steven, For the past 15 years I have organised weekend sewing retreats 4 times a year at a hotel. I have never passed these details on to another person or organisation and always BCC when emailing. Most of my 'regulars' are now firm friends. Sometimes 'newbies' contact me to ask for info about the retreats - they hear about my weekends from their friends, sewing groups etc. I don't have a website and I don't advertise - it's all done by word of mouth or by me meeting and talking to people. On the rare occasion when someone has said that they are no longer interested in receiving info I have removed their details from my list.
These days I contact my list by email to tell them what's on at the next retreat and to ask if they want to book. It's a daunting thought so I'm hoping you say NO Hi Pam, great question! If you're the sole owner of this data and you store it securely, then you should be fine to continue as is. Good article, One company I work with sells to firms over the phone. All marketing opt ins are given over the phone and logged by the telesales rep. Wondering how to deal with this in the GDPR world.
The customers are giving positive consent but in a phone call. Customers can opt out of emails when they receive them of course. Anyone else have this situation or know how best to address? This way, you're recording their opt in digitally. Thank you for the listed details, very helpful. Your post and explanation helped us a lot to be GDPR ready and complaint.
Thanks for sharing your experience! Just a quick remark: I don't see any link to your privacy policy in your website pop-up at least in the screenshot. Thanks for commenting, Greg. The good news is that the copy underneath the sign up button links to the privacy statement. What if i have a contact form that requires the visitor to accept my privacy policy by checking the box, if i cannot prove that at the time of the data submission the customer has accepted the privacy terms.
In other words, in case of an audit, how can i indicate that the messages i have received after a date are done using the opt in check box? Where is the data from the contact form sent? Can you include a digital record as soon as it has been stored? I am an author and I have used multi author giveaways, and a company called Instafreebie to build my list. My ESP is Mailjet and I have had a lot of frustrating back and forth over the past few days about the GDPR - they don't answer questions, but send me links to their policies - which don't answer what I want to know.
I have two questions, and I hope you can help. I honestly don't think anybody will bother to respond to my email. I'm not sure I would bother. I have 5k subs right now, I might be lucky to end up with 5! Is this no longer allowed under the GDPR ruling? Hi Elaine, great questions and thanks for leaving a comment. The truth is, it's difficult to have a clear answer. But, at SuperOffice, we've decided to continue to send email campaigns to subscribers without asking for permission again, as we've always included an unsubscribe link in our campaigns in case anyone wanted to opt-out.
Hi Steven, Thanks for putting together an excellent and easy to understand resource for marketers. One area where I am not clear: Part A if someone fills out your general contact form requesting information on a service, do they need to check off a box saying they agree to receive information from you or is this implied consent? In this case, the email may be stored via wordpress or a back up like mailchimp , BUT you don't send them newsletters or promotions outside of your exchange?
Part B If the above situation has an autoresponder with an unsubscribe option, is it then considered compliant? So, to answer your questions: A If someone checks a box saying they want to receive information from you, then you can send them newsletters. If they fill out a form, but don't check the box for you to send emails, you cannot send any to them, but you can store their details.
B Personally, I would only send out emails if someone has explicitly opted-in to receive them, regardless of whether they are manual or automatic. Hi I target companies from linked in public information, like to send an email Company email address as an introduction and include our brochure and ask if they would like to chat more? Is this still ok to do so under GDPR? Hi Hazel, I've just published a piece on email outreach and sales. Hopefully you can find the answer here: Should we put a basic GDPR opt in at the bottom of these forms for them i.
Obviously it is easier to add this online as they just click a link but a paper copy is different and may not fit in all that privacy copy. Yes, it's OK to send newsletters to customers, providing they have the option to unsubscribe from them. Yes, you need to include a tick-box on these forms and make it clear what you do with their data. Unfortunately, I'm not sure how to handle that. Hi Steven, I freelance for a choral charity which runs a membership scheme. As part of their membership, people are automatically signed up for a monthly e-newsletter which carries news about the charity and the music sector, and also news about training events this last element is promotional, obviously.
It's also available to non-members through sign-up via our website, and we store names and email addresses only on Mailchimp - newsletter broadcast is the sole activity undertaken using this dataset; full membership records are held and processed on a separate system. The team member who's implementing GDPR compliance feels that re-consent to receive the e-newsletter isn't necessary as it's part of the membership "contract", and that from 25 May new members can still be added automatically by the membership secretary, as effectively the e-newsletter is included in the servicing of their membership.
It's set to double opt-in, so any member who chooses not to confirm sign-up is free to ignore the notification sent - and they can unsubscribe with each issue, of course. I'm a little worried that this activity doesn't count as legitimate interest, and would actually fall under the lawful basis of consent, given the promotional aspect am currently erring on the side of caution and requesting re-consent from all newsletter subscribers.
What are your views? I'm not sure I have the answer here, so I recommend you contact a lawyer, just to be sure. Hi, Really interesting article, thank you! If clients have connected with us on Linkedin does that count as consent to contact them by email, given they are making their email and contact details avail? It counts as consent to contact them, but not to add them to your email marketing list. More information on social selling and LinkedIn can be found here: Hi Steven, Thanks for your great article. Thanks for the comment, Sajjad! The implementation might not change, but I recommend informing your audience about how you use their data.
Great article, quick question This is all a bit confusing In other words, if we're a USA based company with no offices in the EU, but we have some EU customers on our current email list that bought through our web site can we just sort out all of our non-EU customers and not have to worry about those such as US based people? Then just focus on getting clear permission from the EU folks? And although GDPR only impacts companies that store data on EU citizens, it's only a matter of time before something like this is implemented globally.
Therefore, I recommend you start preparing for that today. Question, do I need to contact my current database Who have all opted themselves in and ask them to take an action confirming they still want to hear from me? Or is the fact that they've opted in themselves enough to comply? How did your current database opt-in? Did they check a box themselves to receive emails from you?
If so, then you will be OK. Collected via a pop-up on my website which specifically asks people to add their name and email to subscribe to a newsletter about PTSD research and my training courses. However, without a tick box. I did not have Double Opt-in function, so they are all single opt-in However, I do send an automatic "thank you for subscribing" email which contains an unsubscribe link. My MailChimp exported list has data in the opt-in time but not in the optin ip column. Really appreciate your thoughts Heather. Hi Heather, thanks for contributing with a question.
Yes, you should be fine in your current set up: All opt outs are automatically deleted. Is it ok to continue this format and then from May 25th onwards any new contacts I add will be using an opt in format or do I need to contact all of them individually via private email and ask them to opt in? Hi Ann, thanks for commenting.
Personally, I would send them a repermission email to see if they would like to continue receiving emails from you in the future. Yes, you will most likely lose a large percentage of the 5, that are currently on your list, but at least the ones that do re-subscribe are interested and engaged in your product or services.
Hi Steven, this is a really good blog and answered a lot of questions I still had after attending a specific GDPR course. In terms of a freelance PR consultant who does no marketing and only holds B2B data that has been obtained via business card or meeting, is it within the regulations to continue to send press releases etc? Hi Emma, thank you! In this case, you might be OK to continue as you have been doing. How do you send out the press releases?
Hi Steven, There ares some helpful answers in this forum. Maybe you can help me with this one too. I've sent connection requests to say c. They are now 1st degree connections in my network on LinkedIn. The vast majority, through their account settings, have agreed with LinkedIn that their email address is shared with 1st degree connections. As a result, I have the ability to export their email addresses outside of the LinkedIn platform. I understand that when doing so I would become the data processor in place of LinkedIn. If I want to reach out to these 1st degree contacts via email, outside of the LinkedIn platform, to market a new software product for example: First, am I allowed to contact them outside of LinkedIn at all in these circumstances?
Or do I need to contact them within the LinkedIn platform? I'd prefer the former. Would this be considered as double-confirmation given we originally connected? Third, can I include marketing information in this email about the software product, in addition to the request for their assent? Finally, can you recommend any information sources which deal specifically with these questions? Hi Phil, Glad to hear that you're enjoying the piece. Wow, that's a lot of invites! To answer your questions: Yes, you are allowed to contact them outside of LinkedIn.
But, you should to contact them by phone first, before you send an email. Connecting on LinkedIn is not consent to send emails. You can store their data, but if you want to add them to a mailing list, you need to get their consent. This can be done via your initial sales email or when on the phone. You should not include marketing messages in your sales email. It should be a one-to-one sales email based on a legitimate interest. We are about to do a large email campaign, what do we do to the contacts who haven't given us an answer? Are we able to continue emailing them?
I recommend removing anyone that didn't opt in to your re-permission email list and that you only send your campaign to people that specifically opted-in. I've covered this in more detail here: Hi Steven, Great article - I've shared it with my colleagues! You seem to really know what you're talking about, so I'm curious to hear your thoughts on the following. I've came across an article that discusses how data economy is about to drastically change under the GDPR. It even mentions the possibility of users selling their own data to marketers, data analysts, and businesses in general.
That seems like an interesting forecast. What do you think? And thank you for sharing it. I recently heard about a company in the US that aims to help citizens manage and sell their medical record data to healthcare companies. Considering how important personal data is, I can see this shifting to all industries, leading to a big impact on how marketers communicate with their audience. I was really confused about some of the rules with GDPR, but this article and your comments below cleared most of my doubts.
Thank you for a great article! I am finding it difficult to get clarity on competitions entries, so I know I can't have an "agree to terms and conditions and email marketing checkbox", these would need to be separate, but do I need to have a checkbox saying "I agree to being contacted in the event I have won" or can this be part of the terms and conditions copy?
I've read quite a few articles but there aren't any clear cut examples. Hi Anna, thank you for leaving a comment! Contacting the winner of a competition by email is perfectly fine, providing it is not a mass marketed email and is sent to the winner only with the sole purpose of notifying them. What's not OK is if you send an email to everyone in your database, including those that haven't subscribed, with the news of who won the competition, plus new competitions and offers they can participate in. That's a mass marketing email and is not in compliance with GDPR.
Thank you for this very comprehensive discussion about the General Data Protection Regulation. I've gathered a lot of useful information about this blog. Thanks for the important article. These New rules change the marketing process a lot. GDPR has changed the way that companies communicate with prospects and customers, but what is GDPR and why introduce the new privacy law now? Failure to comply with GDPR can lead to hefty fines.
To comply with GDPR, we share a marketing checklist that we have used, which includes 9 practical tips to help you get closer to meeting those EU requirements. Why introduce GDPR now? But, why wait until now to introduce it? From 25 th May, , this has no longer been the case.
How does GDPR impact marketing? Data Permission Data permission is about how you manage email opt-ins —people who request to receive promotional material from you. Get The Woman of Your Dreams. Bonus Edition — 3 Books in One! How to write a great review. The review must be at least 50 characters long. The title should be at least 4 characters long. Your display name should be at least 2 characters long. At Kobo, we try to ensure that published reviews do not contain rude or profane language, spoilers, or any of our reviewer's personal information.
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I was really excited about this book. The author's perspective is incredibly privileged and there's a point about mid way through where she says "if you're depressed, just act like someone who isn't depressed". While I do think the idea of manifesting what you want through positive thinking is great, this book isn't the first to suggest it.
Overall the author seems out of touch, the books is potentially triggering, and I would not recommend it. For the most part, I think the ideas in this book are underwhelming at best, and at some points, kind of awful. When you're one with Source Energy, your "vibe" lines up with the vibration of "The Universe," a proper noun equivalent to All existing matter and space? It certainly didn't seem like the last one, but I could be wrong. In any case, I have a hard time believing that The Universe is just waiting for me to meditate a little while longer before I can finally get everything I deserve in life.
So maybe I'm just too science-minded to buy into this kind of stuff. But I still think any self-help book, even one marketed toward people of faith should provide I would like to agree with the reviewer who pointed out that one section of the book if not more could be EXTREMELY triggering to someone with depression or mental illness in general, so please avoid this book if that might include you.
The author's mentality seems to be the classic, "Well, why don't you just stop being depressed? That mentality persists throughout: Don't have any friends? Don't have a job? Now for a positive bit. One extra star is for the author's humor and honesty.