Author Topic: Email collection from forms and the law (Read 17446 times)

Rupert · « **on:** January 05, 2011, 07:23:03 AM »

Now, I had an affiliate call yesterday, with a proposal that he can collect some of my abandoned baskets.

Just because the submit button had not been used, he saw it as no reason not to collect an email address filled into a form, and then email the customer with an offer to get them back. Simply he was talking about getting the data as the customer fills it in.

I have been aware of the practice, and have had it on an old site as an aid to customers... if they go off the page they do not have to reenter the info.

But what is the law on this? To my mind, until I have pressed the submit button, I have not given any data to the site I am on. I would be a bit hacked off if they started emailing me.

I suspect the law is vague, if there is anything, I could not find it

agerhart · « **Reply #1 on:** January 05, 2011, 08:38:16 AM »

Should be ok as long as you put it in your terms of service and privacy policy...run it by a lawyer to be sure

Rupert · « **Reply #2 on:** January 05, 2011, 10:58:42 AM »

Anyone here doing it? Seems a basic step to reduce cart abandonment, but it seems there might be a reason why no one does it.

PaulH · « **Reply #3 on:** January 05, 2011, 11:10:46 AM »

Something similar?
http://veinteractive.com/products/lite/product_features.php

I know some of the voucher sites are doing this..
user clicks through from voucher site, user abandons cart, voucher site knows users details and emails user on behalf of merchant.(but user never gave merchant email address) (at least that my interpretation)

Gurtie · « **Reply #4 on:** January 05, 2011, 12:05:59 PM »

I think a lot of people do it and its currently legal in the EU (but soon to be not legal depending on how things are interpreted).

Its certainly ok, and very effective, to target previous customers who appear and then leave without buying again. John Lewis knows more about my internet usage than I do judging by the targeted emails I get from them...

Rupert · « **Reply #5 on:** January 05, 2011, 12:43:26 PM »

Thanks folks, I will sign up to John Lewis! Gurtie, where did you read about the law changing?

Paul, yes, that sort of thing. It seems simple enough to do, so no point in paying others for it, just it seems not many do it, legal or not.

PaulH · « **Reply #6 on:** January 05, 2011, 01:15:17 PM »

Huge slagging match about http://veinteractive.com system on here - Think someone may have touched on legals of it.
http://www.affiliates4u.com/forums/affiliate-marketing-lounge/165704-myvouchercodes-new-capture-technology-email.html

Seems the affiliate networks, large merchants, and companies with big investors believe its legal(but not sure if the implementation is the same as what you plan, with these systems the user has given the email and consent to one party, but not the merchant)

grnidone · « **Reply #7 on:** January 05, 2011, 01:36:19 PM »

Actually, it works especially well if you put an offer in the email: "Complete your purchase now and get 10% off your order." I've seen conversion rates from 10 to 15% using this method..

Rupert · « **Reply #8 on:** January 05, 2011, 01:48:06 PM »

Might do that Jason, thx. Interesting thread Paul, seems the discussion has been running for a while.
A Key bit from MyVouchercodes. Not sure why anyonw would get an affiliate to do it for them, unless it is laziness.

Quote

You understood some of it correctly, let me write out how it would work....

1. This applies to all your website visitors that attempt to purchase something and abandon the shopping basket (not just MVC traffic)
2. If a customer puts products into your basket and begins the checkout process and abandons at any point, even if they don’t submit any data, our product captures that data.
3. Yes, the technology that you simply add a small line of code to your website captures that abandoned user data and we pre agree with you an email retargeting campaign which you sign off.
4. We email a retargeting email to the user at an agreed timeline after the event via your system using your agreed branding and text (at no time will MVC branding appear)
5. We will put our affiliate links in the retargeted email, so any lost sales that we recapture for you, we earn a percentage commission

Hope that explains it, any more questions just ask....

Now for the privacy / compliance, we have top legal advisors who have given this method of retargeting the green light. We also have a data privacy agreement ready to sign with yourselves which explains that your data will be stores securely and not used for any other purpose other than retargeting for your own customers the agreed retarget campaign.

jimbanks · « **Reply #9 on:** January 05, 2011, 05:25:57 PM »

We used it very effectively on a product called Second Bite http://www.secondbite.com/

Basically it took partial data and tried to convert it by phone or e-mail offering some form of incentive, i.e. 10% off, free delivery etc.

The legality of it is negated by capturing the usable details before the transaction, so landing page has name/email/phone no. second page has basket/credit card etc. They have already given you their permission to market to the in the first page.

The attribution of the sale is the sticking point. In the last click wins scenario the person who is losing the sale is always missing out.

Retargeting on display ads works on same principle. i.e. someone doesn't buy from me, so I follow them round and progressively up the ante with different creatives offering bigger discounts, so it's not some advertiser knows more about where you go it's the retargeting tag following you round like a bad smell.

Rupert · « **Reply #10 on:** January 06, 2011, 11:24:58 AM »

OK, I have got it, I was barking up the wrong tree:

Quote

The legality of it is negated by capturing the usable details before the transaction,

That's the key, thanks Jim. I already email people who have clicked the submit button, but fail to complete, so the incrimental increase in people captured would be small if I go after those who do not click submit.

what I need to do is persuade more people to give the their email address. An old but still valid requirement

I have a ruck full of ideas now, free products, £5 off first order, ... well two good ones anyway.

It has to be the merchants roll, if the merchant ever wants to own the customer

dogboy · « **Reply #11 on:** January 06, 2011, 01:01:32 PM »

seems to me if I abandoned a cart with a widget in it, and you re-targeted me, I would think thats ok.

If, however, you targeted me for a different product, I don't think I'd like that. That is too un-targeted.

Rupert · « **Reply #12 on:** January 06, 2011, 01:06:30 PM »

Yes, and in the UK, that is how the law stands. You can follow up a transaction, but cannot "sell" without permission.

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Author Topic: Email collection from forms and the law (Read 17446 times)

Rupert

Email collection from forms and the law

agerhart

Re: Email collection from forms and the law

Rupert

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PaulH

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Gurtie

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Rupert

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PaulH

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grnidone

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Rupert

Re: Email collection from forms and the law

jimbanks

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Rupert

Re: Email collection from forms and the law

dogboy

Re: Email collection from forms and the law

Rupert

Re: Email collection from forms and the law