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DMA 2014 Post Conference Email Certificaiton

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This was presented on 10/29/2014 as part of EEC's involvement in the DMA2014 Post Conference Certification. Email acquisition continues to be one of the top strategies that marketers struggle with and if to focus on quality or quantity. Additionally, what to ask (if anything) when consumers sign up to receive information from your company. Add to that the deliverability challenges and legal obligations for companies that do business in Canada or the European Union as well as the United States is enough to have anyone’s head spinning. During this session, we will review B2B & B2C best practices in terms of website, shopping cart and mobile acquisition as well as the legal liabilities that you have to be mindful of when asking for an email address. You will take away solid strategies and tactics about how to maximize every entry point of your company.
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IGNITING CUSTOMER ENGAGEMENT Email Acquisition: The Good, the Bad and the Illegal Dennis Dayman, CIPP/US, CIPT Return Path Ryan Phelan Acxiom October 24, 2014
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  • 1. Email Acquisition: The Good, the Badand the IllegalDennis Dayman, CIPP/US, CIPTReturn PathRyan PhelanAcxiomOctober 24, 2014

2. Legalese This presentation is being provided for informational purposes only Nothing in this presentation shall be construed as creating arepresentation, legal advice, warranty or commitment, contractualor otherwise, by myself, our companies, or any affiliate(s), to you orany other person or entity It also does not guarantee that your email and/or any other aspectof your business is in compliance with state, federal, or Internationallaws Our companies and I make no representation, warranty orcommitment that any message you send to end users will bedelivered This presentation is not a substitute for, should not be used in placeof, and should not be considered, legal advice It is recommended that you contact your general or legal counsel 3. Um.What youre about to see is not in yourhandout.SHHHHHHHHHHHH, dont tell anyone, but we made the deck betterWe will post the deck on SlideShare tonight,so check out Ryans page 4. Prior Industry Experience Vice President, Strategy at BlueHornet Director, Email Marketing & Acquisition at Sears Holdings Responsible for East Coast Operations at Responsys 15 years in senior level roles in Digital MarketingThought Leadership DM News : Email Gets Personal (Cover Story) plus manyother articles on digital marketing Keynote address EEC12, EEC14 Ranked as one of the top 40 Digital Marketing Strategistsin the country by OMI Considered one of the leading authorities in email anddigital marketing Chair of the EEC, Board Member ESPCRyan PhelanVice President,Global Agency Shared Services 5. Dennis DaymanDennis Dayman, CIPP-US, CIPP-ITChief Privacy and Security OfficerReturn PathTwenty (20) Years in Email/Privacy AT&T Internet, MAPS - Mail Abuse Prevention Systems, VerizonOnline, StrongView Systems, and Eloqua/Oracle Involved in several coalition boards M3AAWG, CAUCE, IAPP, ESPC, EEC, DMA Frequent regulatory expert witness and commentator Frequent venture capitalist and mentor 6. THE GOOD AND THE BAD 7. Think 8. STORAGE &PROCESSINGPOWERThe World Continues To ChangeDisruption + Innovation = OpportunityDATAUSAGEMEDIAFRAGMENTATION 9. We see personalization all over the webPersonalization is at the core of all our marketing efforts 10. Why do marketers believe thatevery message we sendevokes this reaction? 11. 11Why do we focuson marketing topeople who dontcare? 12. The Challenge Is That Were Challenged ToThink ClearlyImages provided by EDS with permission 13. The New Construct For Customer ContactOfferInfrequentcontactLoyalty tied toofferDemandgeneratedEngagementRelationshipsformedValuecommunicatedSocial loyaltyLoyaltyNot drive byprice, butactivepreferenceClassification ofsocial standingPerceptionValue basedon visualsAlignment tosocialrecognitionIf the relationship with the customer is based on a offer, were only as good asour last offerConsequence MotivationOptimal Communication 14. Email Program DevelopmentEmail Program Development 15. Foundational ProgramsAcquisition 16. Double Opt-In (DOI) The Gold Standard in terms ofaffirmative consent Reduction in adoption/use in majorverticals in last 2-3 years Recommended use: High risk sites Legal Requirement Problematic Opt-In processes Deliverability issues 17. Acquisition: Sign Up Form On Homepage Make placement prominent Gather email only and collect deeperinformation on the next page Include benefit statements if space allows Link to sample creative Links to privacy policy Limit to 3 bullets Send Welcome email immediately aftersubmission of complete information If only collecting email address, take tobrand consistent thank you page 18. Acquisition: Form Obtaining relevant information at the time ofacquisition is key to: Relevant communication Segmentation 1:1 communication Information gathered should be a part of apreference center that the subscriber canaccess and update Test requiring more or less information based oncustomers willingness to supply that information Some fields are touchy subjects forconsumers For example, date of birth year Remember to get the opt-in 19. Acquisition: Within the Shopping Cart Ensure expressed consent by capturingan affirmative opt-in during thecheckout process Voice of the opt-in should be soft andask for the opt in Depending on space and cartprocesses, test inclusion of: Sample Creative Privacy Link One sentence benefit statement Checked/Unchecked box EU Restrictions will affect pre-checkedbox as well as opt-in permissions 20. Approaches to ReactivationAddressableRecords that can beassociated with anindividual and canbe directlycontacted.Non-AddressableRecords that do nothave enoughinformation toassociate to anindividualAddressable AttritedRecords that can beassociated with anindividual, but have anopt-out though email 21. Cross-Channel Approach (ExecutionStrategy)EmailThese customers have an email address that either had activity (open/click) orregistered in the last X monthsSocial MediaUtilize popular social media channels like Facebook, Twitter and others usingchannel specific ad units with cluster specific messagingBannerThrough partnerships with Yahoo, Google, MSN and other properties, you needto execute banner campaigns to reinforce other channel messagesSMSFor those customers that have provided Mobile numbers, message via SMS on alimited basis in the US and more aggressively in other national markets (i.e.EMEA) 22. Sample Reactivation Contract StrategyDay 3 Day 6 Day 9 Day 14 Day 21 Day 28 Day 35+Behavioral ModelsCountry SpecificFree / Premium UserChannel PropensityPost Reactivation Treatment to Cultivatethe Relationship (Re-onboarding) 23. Capture at POS through Text Messaging When you cannot affect change on yourPOS system, or you want to simplifyacquisition, try email acquisition through SMS Quick and easy for the consumer Text sent and confirmation received Welcome email sent and informationcollected (name, location, etc.) Segment out those consumers to seedifferences in behavior 24. Foundational ProgramsOn-Boarding 25. Best Practice: Welcome Email Welcome emails confirm the subscriptionand start the relationship Use personalization They should reflect your brand position, lookand feel Short, simple, to the point HTML based Informative & Setting Expectations Customer service, policies, important thingsconsumers must know about your company Confirmation YES! We got your email address Remember to say Thank You 26. When you have a story to tellA girls playgroundit'san experiencewhen Iget off the pla, its thefirst place I go- Advocate Customer for Henri BendelIn this case, try a Welcome Series 27. Welcome Program: Before Phase 1 Welcome: Black Headerwith lots of text Phase 2 Welcome: Description ofbusiness, still too much text(Click in presentation mode to seethe revised welcome email) 28. Welcome Program AfterImages Courtesy of:Welcome Email 1 Email 2 Email 3Zazzle launched a new welcome email + a 3 part welcome seriesthat engaged the customer based on primary starting interest! 29. Welcome Series: Best Practices Not all companies have a story to tell Only do a welcome series if there is nuance or niche to your business Keep it simple Test keeping subscribers out of normal cadence during onboarding Test number of emails, day delay and messaging Items in a welcome series are items that cannot be fully explained in a singlewelcome email To justify if you should do a welcome series, complete this sentence withoutlaughing or knowing its marketing spin My customers must know that we ____________ before they will appreciate__________ my brand provides31If you fail this test, then optimize your welcome email to include the salient details of your business 30. Closing Ensure that you capture the right informationat the time of acquisition Focus on quality, not quantity Onboard the customer, dont just throw theminto a promotional stream (but only if youREALLY need to tell a story) Welcome emails are the first date, dont messup Move toward a relevant conversation andrelationship with the customer, not just sellingstuff 31. AND THE ILLEGAL 32. CanadaElectronic Marketing Under Canadas Anti-SpamLegislation (CASL) 33. CASL: OverviewNew Anti-Spam law in Canada First of its kind Last G8 nation to have oneCASL will apply to any form of electronic messagesent for marketing purposes (referred to as a)"Commercial Electronic Message", or "CEM"),including: Email, SMS, instant messaging and socialmedia/networking. 34. Recap: strictest anti-spam regime today CASL will apply to any form of electronic message sentfor marketing purposes (referred to as a "CommercialElectronic Message", or "CEM"), including: Email, SMS, instant messaging and social media/networking. CASL also addresses Internet marketing challengessuch as address harvesting, malware, phishing,pharming and other Internet threats 35. Recap: strictest anti-spam regime today CASL prohibits sending of Commercial ElectronicMessages without prior consent, other prescriptiverequirements. Prohibits installation of computer programs withoutconsent Prohibits alteration of transmission data Prohibits automated address harvesting anddictionary attacks Grants individuals right to pursue spammers inCanadian courts (2017) (Private Right of Action) 36. What else do I need to comply?CASL requires senders to: Identify themselves Indicate on whose behalf the message is sent Provide up-to-date contact information Include a functional unsubscribe mechanism.These rules apply regardless of how many messages aresent 37. Similarities with CAN-SPAM Requirement to accurately identify sender Prohibition false and misleadingtransmission data/subject lines Requirement for unsubscribe mechanism Liability for brands who knowingly allowspam to be sent on their behalfoBeware and police your affiliates 38. Recap: who enforces? Canadian Radio-television and TelecommunicationsCommission (CRTC) Competition Bureau (false/misleading representations) Privacy Commissioner (address harvesting, dictionaryattacks) Penalties: Up to $1 million for individuals and $10 million for businesses Private Right of Action (2017) Director/Officer liability*Limited protection for honest mistakes = due diligence iskey 39. Whats happening so far? Regulatory actions to-date: 0 Over 70K reports from Canadians - non-automated submissions ~ mid August Current trend indicate about 12,000 complaints a week are sent to the Spam Freezer byCitizens Complaints to CRTC are coming in at a rate of roughly 1,000 to 2,000 per day. Some companies have already received and settled notifications of violationswith the CRTC No names provided at this time More cases are in process and more violation notices are being prepared. Not all cases will be published as part of their enforcement actions Largest number of current callers are international business calling to complainthe law is too strict 40. Know WHO Applies Know your Canadians (existingdatabases) Ensure Country field values are populated and upto date Run field completeness campaigns to populatecountry If you do not have Country info, or have lowconfidence in accuracy of existing data you mustsuppress those addresses after July 1, or assumethey are Canadian and gain explicit consent 41. Know WHAT doesnt apply Messages do not require consent if they Solely provide quote/estimate sent in response to inquiry Solely facilitate, confirm, complete a transactionrequested by the recipient Solely provide warranty/recall/security information for aproduct purchased by the recipient Information about ongoing use, purchase, subscription,etc Information about existing employmentrelationship/benefit plan Deliver a good or service requested by the recipient*Other requirements still apply 42. Get CONSENT / Retain PROOF Prepare forms and other collection methodsfor opt-in Force Country selection No pre-checked boxes ALL prescribed consent language Consider COI Record form location/submissiondata/date/time/IP 43. Get CONSENT / Retain PROOF For call centers and sales staff, develop script withprescribed consent language Make script mandatory Record date/time/method Recording of entire call where possible Consider sending to web form Prepare conference notifications Prescribed information on sign up sheets Prescribed information clearly displayed on fishbowls Take a picture! Record conference name/location/date/time 44. Pre-checked boxes NOT express consent 45. Action Items Accurately identify location of recipients Suppress sending of CEM to any contacts who: Are Canadian/unknown and dont have explicit/implied consent byJuly 1 2014 AND do not meet any of the exceptions Consent request campaigns before July 1 Identify & update collection points to include prescribedlanguage & opt-in Record proof Add ID & unsubscribe to messages Use templates Segment and send based on consent type & message type 46. Next Steps for CASL Train your staff. Look at it holistically. If already comply with UK and AUSanti-spam regulations, CASL will be easier to adapt to! Police your affiliates Liability for brands who allow spam to be sent on theirbehalf Be positive! Most have 2 more years to optimize/clean lists! Permission means better performance Comply with long standing opt-in requirements Simplify what you can, build trust where you can 47. DATA GOVERNANCE 48. What is Privacy? Freedom of choice Personal control Informational self-determination 49. Protecting Privacy: Fair Information Practices1. Consent2. Accountability3. Identifying Purposes4. Collection Limitation5. Use, Retention and Disclosure Limitation 6.Accuracy6. Security7. Openness8. Access9. Compliance 50. These can be part of a customers personae.1. Names2. Postal Addresses3. Telephone numbers4. Social Security Numbers5. Account Numbers6. Driver Licenses Numbers7. Financial Account Numbers Credit Cards, Checking8. Logins and Passwords9. Habits of any sort or Personal preferences10. Email addresses 51. Where do you get this information typically?1. Webinars. Attendee information2. Fishbowls. Business cards3. Website forms Email capture4. Tracking mechanism. Website cookies5. Social media. LIKES!6. Mobile device tracking. Geo-location7. Buying of data. Email list buying8. Email campaigns tracking. Open and clicks9. Online surveys10. Preference centres11. Customer accounting 52. Privacy in Advertising and MarketingAccording to a report from Advertising Standards Canada: 89% agreed with the statement, people share far too much personalinformation online these days 72% responded that they were worried about the erosion of personalprivacy; 73% said they were aware that businesses were tracking people'sactivities on the Web in order to understand their interests.Give consumers choice, control on personal data, advertisershttp://www.theglobeandmail.com/report-on-business/give-consumers-choice-control-on-personal-data-advertisers-urged/article5461959/ 53. Data Stewardship Data collected and used to empower consumers Consumers given choice Notice and choice Ability to opt-out Data never used to harm consumers Marketing data used only for marketing purposes Marketing data not used for credit decisioning Marketing and sensitive data 54. Companies are paying attentionSince 19951. Profound shift in privacy management in the world2. Many companies are creating Chief Privacy Officer (CPO)positions3. Privacy has evolved over the last several years to bedefined in large part by respect for what consumersexpect regarding the treatment of their personal sphere 55. Breaking with Tradition: The Zero-SumParadigm1. Win-Lose2. False Dichotomies3. Unnecessary Trade-Offs 56. A New Perspective on Privacy: The Positive-Sum Paradigm1. Win-Win 57. What does that look like for you?Email Opt-In forms Sending a welcome email Allowing for preference centre Opt-out Change of information Deletion of information or account Collecting only necessary data Not selling that data Removing data when no longer in use Secure databases and systems 58. Privacy issues todayFTC vs. Facebook Facebook changed the way it told users it promised them it would protect them and how theywould use their information or limit access to it. The proposed settlement requires Facebook to take several steps to make sure it lives up to itspromises in the future and report to the FTC for the next 20 years on those processes. Google (Buzz) Used deceptive tactics and violated its own privacy promises to consumers when it launched itssocial network The proposed settlement bars the company from future privacy misrepresentations and 20 yearsof reportingN.S.A. Caused lots of panic about how data is being collected without knowledge. E.U. Has lots of concerns about data being held in the U.S. 59. Path.com Known for this Path to pay $800,000 to settle privacy issues with FTC Established a "comprehensive privacy program" andobtain independent privacy assessments every otheryear for the next 20 years Not this Path is a social networking-enabled photo sharing andmessaging service for mobile devices 60. What happened? The issue stems from when it was discovered thatPath's app automatically uploaded smartphoneusers' entire address books to its servers Path illegally collected personal information from 3,000children without their parents' consent violatingChildren's Online Privacy Protection Act (COPPA) Path deceived users by collecting personal informationfrom their mobile device address books without theirknowledge and consent. 61. The explanation For a period of time, its system wasn't automaticallyrejecting people who indicated they were under 13. Stated From a developer's perspective, we understand thetendency to focus all attention on the process of buildingamazing new things It wasn't until we gave our account verification system asecond look that we realized there was a problem. We hopeour experience can help others as a reminder to becautious and diligent 62. So think about this An $800,000 charge is likely a big blow to thestartup Had just raised $30 million from investors Think the investors are happy?! Spent more money on consultants than expected. Established a "comprehensive privacy program"and obtain independent privacy assessmentsevery other year for the next 20 years Huge PR implications Loss of trust from consumers and users 63. Permission based Marketing Essential premise: persuade consumers to volunteertheir attention; Predicated on Consent: make consumers activerecipients of marketing information; Puts control in the hands of consumers; Just because you somehow get my email addressdoesnt mean you have permission. Seth Godin, Permission-Based Marketing, 2001 64. PayoffThe payoff to privacy- respecting organizations Enduring competitive advantage. In a world of increasingly savvy andinter- connected customers There is a strong competitive advantage for businesses to invest in gooddata privacy and security practices 65. The Bottom LinePrivacy should be viewed as a business issue, not acompliance issueThink strategically and transform privacy into acompetitive business advantageA significant portion of the population is becomingconcerned about identity theft, and it is influencingtheir purchasing decisions Loyal repeat customers Consumer confidence and trust 66. WHAT DOES PRIVACY LOOK LIKE FORMARKETING? 67. Build It In Privacy by Design seeks to build in privacy upfront, right into the design specifications; into thearchitecture; embed privacy into the technologyused bake it in; Data minimization is key: minimize the routinecollection and use of personally identifiableinformation use encrypted or coded informationwhenever possible; Use privacy-enhancing technologies (PETs) pluswhere possible: give people maximum control overtheir own data. 68. Purchasing Email Lists1. Ensure that the provider has lawfully collected the data and disclosed that it is shared withthird parties2. Prior to selecting a email list provider, confirm that it is adhering to opt-in and unsubscribestandards (e.g. go to the vendors website to test the customer experience)3. Confirm that opt-in consent took place no more than one year prior to the list acquisition4. Verify that you havent received complaints about previous lists provided by the list provider5. Confirm that the list vendor is the original source of the list (i.e. the list wasnt purchasedfrom another list provider)6. When purchasing multiple lists, de-duplicate the contacts to ensure a recipient is onlycontacted once for a single message70 69. Role of privacy in my email program1. Notice: Obtain opt-in Legally required in most cases2. Choice: Provide opt-out or preference center Respect the choice3. Purpose: Use data for only what you said you would use it for Dont lose trust Dont sign up customer for whatever you feel4. Security: Offer all you can First in your processes?5. Disclosure: In some countries, you cant track by default Be Hyper-Transparent6. Dont use to much PII in email programs Obtain only what you need7. Dont use to much PII in email programs8. Dont link to customer accounts 70. Conclusion1. Make privacy a priority ensure that privacy is embedded into yoursystems and operational processes into your business practices;2. It is easier and far more cost-effective to build in privacy up-front, ratherthan after-the-fact;3. Privacy risks are best managed by proactively embedding the principlesof Privacy by Design;4. Get smart lead with Privacy by Design, not privacy by chance or,worse, Privacy by DisasterFor more information on Privacy by Design, please visit: www.privacybydesign.ca


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