Using Browser / Consumer Data
I am often asked about the collection and use of consumer data, the following is a brief guide only (this is not legal advice!).
It is increasingly important that brands engage consumers on an ongoing basis, emails are an efficient and effective method of achieving this. Emails are cheap (in terms of production and broadcast costs) and a variety of useful reports can be provided instantaneously. Collecting consumer data and then using it is a key part of digital marketing and your on-going communication strategy.
But beware, messages can only be sent to an email address when it is known that the person responsible for that address has consented to receive it. If data is not collected or used correctly then it can be classed as spam. Messages are considered to be spam if they are sent without the prior consent of the recipient.
The Spam Act 2003 prohibits the sending of unsolicited commercial electronic messages (this includes email, instant messaging and SMS and MMS). The Act requires that all commercial electronic messages are sent with the express or inferred consent of the recipient, and that they include accurate information about who authorised the sending of the message and a functional unsubscribe facility.
The 3 key points to remember are;
- Consent (only send messages with express or inferred consent)
- Identify (be clear about who it is sending the message)
- Unsubscribe (ensure there is a functional unsubscribe system)
If you have an existing database then you must ensure that you know how it has been collected and previously used. Have the potential recipients opted in to receive information?
Finally, use an email broadcast system that complies with the Spam Act. For more information on email production and broadcast get in contact with us or call us on (02) 8006 0659. FiNAO encourages you to seek independent advice relevant to your own particular circumstances, for further information contact ADMA or ACMA.
Tags: data management, consent, data, email, engagement