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The opt-in policy outlines how contacts will be opted-in to receive marketing communication, namely email and SMS. We will operate under an opt-in policy where we will only send promotional messages to contacts that have given consent for us to market to them. This method ensures that we are only marketing to individuals that want to receive promotional messages from us which will increase engagement, decrease spam complaints, and improve deliverability in the long-term.
| Category | Details | Disclosure | Notes |
|---|---|---|---|
| Checkbox on Transactional Forms | Users can check a checkbox (unchecked by default) to opt-in to marketing emails. | I would like to receive personalized emails about new products, offers, and other promotions. | If a user does not check the box, they will NOT be opted-out of email if they are currently opted-in by other means. If a user previously opted-out, checking the checkbox will opt them back in. |
| Marketing Forms | Marketing forms will have a disclaimer on the bottom of the form letting users know that by filling out the form, they are agreeing to receive emails from us. | By signing up, you agree to receive information from [Company Name]. | If a user previously opted-out, filling out a marketing form will opt them back in. |
| Non-Marketing Forms | If a form is used for a purpose other than lead gen (ie a Contact Us form), then a checkbox (unchecked by default) may be added for users to opt-in to marketing emails. | I would like to receive personalized emails about new products, offers, and other promotions. | If a user does not check the box, they will NOT be opted-out of email if they are currently opted-in by other means. If a user previously opted-out, checking the checkbox will opt them back in. |
The following represents scenarios that will NOT opt users into marketing emails. These are only common situations and not meant to be an exhaustive list.
| Category | Details |
|---|---|
| Purchasing a Product | If the user purchases a product without checking the checkbox, the user will not be opted in. |
| Non-Marketing Forms | If the user fills out the form without checking the checkbox, the user will not be opted in. |
| Rented or Purchased Lists | Lists may be purchased to enrich data used for sales, but these lists may not be opted in to marketing emails automatically. |
| Sales Sourced Contacts | If sales finds contacts through data providers or other means, these contacts cannot be automatically opted in to marketing emails. These contacts will need to perform one of the opt-in mechanisms to receive marketing emails. |
| Category | Details | Initial Disclosure | Double-Opt In Disclosure | Confirmation | Notes |
|---|---|---|---|---|---|
| Dedicated SMS Sign-Up Form | Dedicated form for users to enter their phone number to receive SMS messages. It must be clear to the user in the body of the form that the intent of the form is to sign up for SMS. | By submitting this form, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from [Company Name] at the cell number used when signing up. Consent is not a condition of any purchase. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg and data rates may apply. | [Company Name]: Reply Y to subscribe to recurring automated personalized marketing alerts (e.g. cart reminders) from [Company Name]. | [Company Name]: Welcome! Msg & data rates may apply. Msg frequency varies. Reply HELP for help, STOP to cancel. | If a user previously opted-out, filling out a SMS form will opt them back in. |
| All Other Forms (transactional, marketing, etc.) | If a form is used for a purpose other than opting in to SMS, then a checkbox (unchecked by default) may be added for users to opt-in to SMS. A phone number field must also be present. | I agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from [Company Name] at the cell number used when signing up. Consent is not a condition of any purchase. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg and data rates may apply. | [Company Name]: Reply Y to subscribe to recurring automated personalized marketing alerts (e.g. cart reminders) from [Company Name]. | [Company Name]: Welcome! Msg & data rates may apply. Msg frequency varies. Reply HELP for help, STOP to cancel. | If a user does not check the box, they will NOT be opted-out of SMS if they are currently opted-in by other means. If a user previously opted-out, checking the checkbox will opt them back in. |
| Text to Join | Users may text a keyword to a number to opt-in to SMS. | N/A | [Company Name]: Reply Y to subscribe to recurring automated personalized marketing alerts (e.g. cart reminders) from [Company Name]. | [Company Name]: Welcome! Msg & data rates may apply. Msg frequency varies. Reply HELP for help, STOP to cancel. | If a user previously opted-out, texting the keyword will opt them back in. |
The following represents scenarios that will NOT opt users into marketing SMS. These are only common situations and not meant to be an exhaustive list.
| Category | Details |
|---|---|
| Providing a Phone Number on a Form | Even if an individual supplies a phone number on a form, this does not constitute consent to receive SMS messages. The individual must expressly and freely give consent to receive SMS via a checkbox. |
| Rented or Purchased Lists | Lists may be purchased to enrich data used for sales, but these lists may not be opted in to SMS automatically. |
| Sales Sourced Contacts | If sales finds contacts through data providers or other means, these contacts cannot be automatically opted in to SMS. These contacts will need to perform one of the opt-in mechanisms to receive SMS. |
Consent is given and managed for each individual channel. For example, if a contact opts into email, this does not mean that they are opted in to SMS as well. Contacts can opt in and out of each channel individually.
The following section is included in the Privacy Policy on the website.
<aside> 🗒️ Email and SMS Marketing Communications
If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from [Company Name] by clicking on the “Unsubscribe” link located on the bottom of [Company Name] marketing emails, or by replying or texting ‘STOP’ if you receive [Company Name] SMS communications.
Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your purchases or event registrations, service announcements or security information.
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At the bottom of each email there will be a link to the Preference/Communication Center. This feature will allow customers to control the communications they receive from [Company Name] as well as easily opt-out of all email communication. It gives them more granular choices over which content they would like to receive.
Automated journeys and email sequences will need to respect the same opt-in statuses as one-off messages. For example, a salesperson cannot add a contact to an email or SMS journey if they are not already opted in.
In addition, if a contact opts out of email or SMS, they will no longer receive messages from that channel even if they are in the middle of a journey.
Summary: The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act) covers all commercial marketing and advertisement messages intended to promote products or services.
Instead of demanding that businesses obtain an explicit opt-in, the CAN-SPAM Act requires users to explicitly request that marketing messages stop. In other words, users have to opt out if they don't want to receive marketing and advertising emails from a particular organization.
<aside> ℹ️ Our Compliance: We will offer a way for users to unsubscribe and opt out from all promotional messages. This will be on the email address level. The opt-in/opt-out status should be synced to all systems sending out promotional emails so if a user globally unsubscribes from one, they are unsubscribed from all our promotional emails.
Opt outs do NOT affect transactional emails such as order confirmation, order status, forgot password, etc.
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General Data Protection Regulation (GDPR)
Summary: The GDPR requires that when consent is necessary, it be at a high opt-in standard. The GDPR applies to businesses if they process the personal data of EU residents. It doesn't matter where the business itself is based.
All opt-ins must be specific, clear, freely given, and documented. Organizations must also provide a means for users to withdraw consent even if they've already given it. Additionally, under the GDPR, a business must obtain consent for every specific channel through which they intend to collect and process data.
In other words, the GDPR doesn't permit organizations to obtain one "all-encompassing" blanket consent to the processing of all data.
Compliance: Here’s what it means to comply with GDPR for email marketing.
<aside> ℹ️ Our Compliance: Although we usually doesn’t intentionally target Europe in our marketing activities, following GDPR requirements is still a best practice. Regulations and consumer preferences have continued to move towards increased privacy and customer control over their data.
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California Consumer Privacy Act (CCPA/CPRA)
Summary: The CCPA was passed in 2018 and came into effect on January 1st, 2020. It applies exclusively to consumers residing in California and regulates the protection of their personal data.
It does not matter if companies that must comply with the CCPA are headquartered or have an office in California. It only matters if they are doing business with residents there, which can include anything from making sales to visitors on their websites.
The CCPA uses an opt-out model, which means that companies do not have to obtain consumers’ consent before their personal data is collected. This applies to adults over age 16. They just have to obtain consent to sell the data, or use it in some other specific ways.