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© 2014 Merkle. All Rights Reserved. Confidential
Privacy & The Platform Marketer
Understanding the Challenges & Increased Attention Being Paid to Collection and Use of Online Consumer Data. June, 2014
2014 Merkle’s CRM Executive Summit
© 2014 Merkle. All Rights Reserved. Confidential © 2014 Merkle. All Rights Reserved. Confidential
Platform Data
Platform Execution
Platform Enablers
Introducing the Platform Data Competencies
Consumer Privacy
Audience Management
Identity Management
Consumer Privacy: Finding balance between business needs and privacy expectations
© 2014 Merkle. All Rights Reserved. Confidential
Agenda
The Privacy Paradox
The Answer
The Action Plan
Key Takeaways
© 2014 Merkle. All Rights Reserved. Confidential
The mission for The Platform Marketer can also create some issues for the consumer if not handled well.
Addressability At Scale (AAS) – The Mission
Addressability At Scale is the application of data and analytics to drive to highly efficient individual level
targeting and personalization at massive scale.
Data Analytics
4
© 2014 Merkle. All Rights Reserved. Confidential
The Privacy Paradox
5
Wants to deliver those rich, personalized experiences and respects the concerns and preferences of the consumer
BUT that requires data and it’s collection, use and monetization to meet the consumer needs can be tricky
Platform Marketer
To respectfully reach and deliver value to customers regardless of channel or method but in full alignment with their expectations and preferences.
Goal
Want a personalized, tailored experience and multi-channel/device availability.
BUT generally, don’t want to provide (too much) information to enable that.
Consumers
© 2014 Merkle. All Rights Reserved. Confidential
The Privacy Paradox : Consumer Concerns Around Privacy
6
59% saying that concern has
risen in the last 12 months
48% avoiding at least one type of online service/platform 64%
express concern about websites tracking their behavior
70% respondents believe businesses aren’t
transparent about how their information is used, 68% say there is not enough
transparency around what is being done with their information
87% Believe adequate safeguards are
not in place to protect their personal information
© 2014 Merkle. All Rights Reserved. Confidential
The Privacy Paradox : Consumer Concerns Around Privacy
7 Source: What Misconceptions Do Consumers Have About Privacy? Ilana Westerman 6/3/2013
© 2014 Merkle. All Rights Reserved. Confidential
The Privacy Paradox : Consumer Concerns Around Privacy
8
Better news: Consumers want that change from the businesses they interact with the most
Good News: Consumers are looking for changes but not necessarily from government
© 2014 Merkle. All Rights Reserved. Confidential
Lots of others are concerned as well - “The Privacyscape”
Federal Regulators
State Regulators
Global Regulators
Certifications Organizations
Industry Trade Associations
Con
sum
er
Plat
form
Mar
kete
r
Standards Organizations
Privacy Advocates
Privacy Enforcement & Protection Unit
Associazione Italiana Direct Marketing
Global Legislative Stakeholders
U.S. Privacy Laws
SB 27 California Civil Code : Shine
the Light
U.S. Legislative Stakeholders
Senate Committee on Commerce, Science &
Transportation
Global Industry Trade Associations
CA Readers Privacy Act
CA SB 1386
© 2014 Merkle. All Rights Reserved. Confidential 10
Public statements made by regulators and privacy advocates gives us clear insight into their thinking and priorities
“It’s safe to promise you that 2014 will be just as
busy as 2013” - Julie Brill, FTC Commissioner
“We’ve spent a lot of time thinking not just about what is being
marketed to consumers but also how items are marketed,
especially in the mobile arena” - Jessica Rich, FTC 9/2013
“Today’s court judgment is a clear victory for the protection
of personal data of Europeans” - Viviane Reding May, 13, 2014 re: Google
“Right to Be Forgotten Decision”
“They should make all their data collection practices transparent,
permitting parents and other stakeholders to assess the scope
and potential impact of these techniques”
- Jeff Chester, CDD re: White House Big Data report 3/2014
.
© 2014 Merkle. All Rights Reserved. Confidential
Those statements can lead to attention and action
11
U.S Regulatory & Legal Action FTC Enforcement Activity in 2013:
20 Consent agreements 17 compulsory audits 5-20yrs. TOTAL Fines = $64.3M
$9M
$20M
$9.8M
$3.8M
$22.5M
TOTAL EU FINES: $39,375,924M
Spain
–Italy
UK
Press Attention
$6M
2013 EU Enforcement Penalties Snapshot
$5.4M $5.3M
$28.6M
© 2014 Merkle. All Rights Reserved. Confidential
The Privacy Paradox : Marketers. What Do I do? How Do I Do It?
12
• Opt In or Opt Out? • Centralized or decentralized • Notice: How much is too much? • Is what’s ok in U.S. ok in Canada? EU? Australia? • FTC or Privacy Advocates?
© 2014 Merkle. All Rights Reserved. Confidential
Agenda
The Privacy Paradox
The Answer
The Action Plan
Best Practices
Key Takeaways
© 2014 Merkle. All Rights Reserved. Confidential 14
At first glance it seems as if the Platform Marketer is at a disadvantage
Not so. The Platform Marketer has two key assets that can level the playing field & drive positive results:
The Platform Marketer is the only stakeholder that owns the other half of the customer relationship. That is a powerful asset through which to communicate and listen to the consumer.
Customer Relationship
The Platform Marketer likely has a set of resources within the organization including, privacy, legal, data security and PR that can be marshaled and used to effectively establish a strong value exchange with the consumer.
The Team
© 2014 Merkle. All Rights Reserved. Confidential 15
Answer: Building on the Customer Relationship
The Platform Marketer is the only stakeholder that owns the other half of the customer relationship. That is a powerful asset through which to communicate and listen to the consumer.
Customer Relationship
Treat the relationship like a communication channel through with the PM is messaging that “transparency “ will generate “trust” which builds on the value and drives engagement.
IDEAS: • include a short “TRUST” message in each outbound email campaign
designed to tell your story over time. • Create or leverage existing icon or image that you include in
messaging and on key pages on your site designed to tell your story over time.
© 2014 Merkle. All Rights Reserved. Confidential
The Team – Everyone Has a Role to Play
16
• Quarterly Assessment . Where are we? Can we handle new/non-traditional sources of data?
• Establish regular review sessions as new data sources and/or categories are leveraged.
• Are our defensive measures to guard against tomorrow’s threat not just yesterdays?
Data Security
• Risk evaluation against business objectives • Legal solutions for data transfer (e.g. safe harbor) • Establish regular review of state, federal/sectoral and
global privacy laws – what’s the impact?
Legal
• Establish peer group – not just industry based. • Assess for gaps in privacy policy for what we “say” against
what we “do” or plan to do. • Establish mechanism to track & understand regulatory
policy & enforcement priorities. • Identify & Interpret impact of key privacy regulations
against business objectives. .
Privacy & Compliance
• Leverage as a resource to change/maintain marketplace perceptions
• Establish regular “check –in” on the message. • Are we tracking privacy & data security mentions about
the company across key media? • Do we have a privacy & data security story to tell?
PR
© 2014 Merkle. All Rights Reserved. Confidential © 2014 Merkle. All Rights Reserved. Confidential
Key Deliverables: Operating procedures for online & offline data collection, use practices, outsourcing, and partnering arrangements that support business objectives.
The Team
Defense vs. Offense
Changes in Consumer Behavior
Customer Expectations
Advances in Technology
Multi-jurisdictional Regulatory Attention
Assessment of Existing Operational Privacy Procedures
Review Existing policies for relevance, clarity and ability to operationalized
Develop Privacy Operating Procedures
© 2014 Merkle. All Rights Reserved. Confidential
How Does the Platform Marketer Leverage the Team? An Example
18
Each resource is a subject matter expert. Are you getting full value from that?
FTC 2012 Privacy Report
FTC .com Disclosures – How to Make Effective Disclosures in Digital Advertising (March 2013)
Consumer Protection & Competition Regulation in High-Tech World: Discussing the Future of the FTC (Dec. 2013)
FTC Strategic Plan for FY 2014 to 2018
Team Summer Reading List
Does the Platform Marketer’s TEAM have a strong understanding of the regulatory climate in which the organization is operating?
Privacy & Compliance
© 2014 Merkle. All Rights Reserved. Confidential
Agenda
The Privacy Paradox
The Answer
The Action Plan
Key Takeaways
© 2014 Merkle. All Rights Reserved. Confidential
The Platform Marketer Action Plan
20
• Engage the Team, early & often
• Improve Team IQ – ad tech, acquisition & retention goals and strategies
• Task them with being your eyes & ears in the marketplace & the regulatory environment.
• Know the policy priorities & enforcement actions of the regulator(s) that impact your space.
- Know the FTC’s definition of “Sensitive Data” now & how it may evolve.
• Ask the question and know the answer: “Is there a gap between what we say we do & what we actually do” relative to consumer data.
- Do you have a “map” of your customer data?
• Can your privacy policy be simpler? easier-to-read? better laid out? Updated more frequently? Can you leverage short-form video to better convey your privacy message?
• As more sources of data become available consider creating or upgrading your Customer Preference Center. (Transparency & control)
• Operationalize your privacy promises. Not just words on a page.
Knowing that these themes are central to the current FTC regulatory priorities: • Transparency (it’s the new notice) • Control (it’s the new choice)
© 2014 Merkle. All Rights Reserved. Confidential
Agenda
The Privacy Paradox
The Answer
The Action Plan
Key Takeaways
© 2014 Merkle. All Rights Reserved. Confidential
Summary
22
Key Takeaways
Addressability at Scale (AAS) presents marketers with a tremendous opportunity to create & sustain competitive advantage that includes incorporating consumer privacy & compliance issues.
1
Having world-class data & data quality processes are critical not just to recognize the AAS opportunity but also to drive value into the customer relationship through the lens of consumer privacy.
2
The global playing field has lots of stakeholders that can insert themselves between the Platform Marketer and the consumer, but the PM has 2 key assets to counter those forces – the customer relationship and the Team.
3
Incorporating “thinking like your customer” into your data strategy alongside “acting locally” in a globally-driven environment is plan for success. 4
© 2014 Merkle. All Rights Reserved. Confidential
Presenter contact information: Bennie Smith [email protected]
Thank you!