Rules of EngagementMark Dwyer

AGENDA

1.Spam and Consent

2.Privacy

3.Advice Warnings and Notices

4.Disclosures

5.Other Matters

SPAM AND CONSENT

“Well there's egg and bacon; egg, sausage and bacon; egg and spam; egg, bacon and spam; egg, bacon, sausage and spam; spam, bacon, sausage and spam; spam, egg, spam, spam, bacon and spam; spam, spam, spam, egg and spam; spam, spam, spam, spam, spam, spam, baked beans, spam, spam, spam and spam; or lobster thermidor aux crevettes, with a mornay sauce garnished with truffle paté, brandy and a fried egg on top and spam.”

Spam

Spam Act: prohibits sending of unsolicited commercial electronic messages – including email, SMS, MMS, IM – where 3 key requirements have not been met

1. Consent

2. Identify

3. Unsubscribe

A single e-message can be spam – doesn’t have to be sent to numerous addressees to be considered spam

Spam filters – trigger words

Identify and Unsubscribe

Identify: must contain accurate information about the person or

organisation that authorised the sending of the message and how to contact them

Unsubscribe: Message must contain a functional Unsubscribe facility to allow

the recipient to opt out of receiving future messages. Unsubscribe requests must be honoured within 5 days – PPP*

Consent

Express consent Filling in a form, ticking a box on a website, over the phone#,

face-to-face – as long as the recipient is clearly aware he or she may receive commercial e-messages in the future

Cannot send an e-message to seek consent > spam

Inferred consent Through an existing business relationship – PPP Conspicuous publication of a work-related e-address. BUT your

message must relate directly to that person’s line of work Business cards – be cautious

Consent - PPP

The person/business that caused the message to be sent is legally responsible for proving that consent exists i.e. PPP subscribers

PPP as the message sender is also legally responsible if consent has not been obtained

Purchased address lists: purchaser’s responsibility to ensure consent – be cautious; suggest you don’t purchase the list unless consent can be proven

Spam - Takeaways

Consent, Identify, Unsubscribe Categorise or tag your client data base to reduce risk of

unsubscribes by not sending irrelevant campaigns

> “Know Your Clients” Clients -v- Contacts Personalise messages Responses to a campaign that come from non-clients

eg: where a client has on-forwarded a message to Facebook friends

Trigger words

PRIVACY

Privacy “Theory”

Privacy Act 1988 National Privacy Principles (Australian Privacy Principles

2014) Personal information, Sensitive information Collection, use and disclosure of personal information Storage / security of personal information Data quality > correct errors > marketing 101 Openness and access NPP 2 – Use and Disclosure, Direct Marketing

Privacy in Practice - PPP

Your and your clients’ “reasonable” expectations about how their personal information is collected used, disclosed, stored

Security of client lists held within PPP PPP disclosure – the Welcome email NO SURPRISES for the client INFORM clients > allow them to choose Privacy Statement on PPP campaign messages as

necessary, especially where clients are invited to click through to a third party

Privacy: Your privacy is important and [NAME OF FIRM] has not provided any personal information about you to [THIRD PARTY]. [THIRD PARTY] will only obtain your personal information if you purchase a product from them.

Privacy and Consent: Your privacy is important and [NAME OF FIRM] has not provided any personal information about you to [THIRD PARTY]. By clicking the link above and submitting the enquiry form, you give your consent for a representative of [THIRD PARTY] to contact you, which may result in [THIRD PARTY] or its representative collecting personal information about you.

Advice Warnings and Notices

Advice Warnings

Financial products – general advice warning

“This information is general in nature and does not take into account your objectives, financial situation or needs. You should consider these factors together with the [NAME OF PRODUCT] Product Disclosure Statement before deciding whether to acquire the product mentioned here. <NAME OF FIRM> acts as a referrer only and does not make any recommendation or give any opinion about this product.”

Other Notices

Professional advice – general warning:

“This information is general in nature and does not take into account your objectives, financial situation or needs. Before acting on any advice in this communication you should contact [NAME OF FIRM] to review whether it is appropriate to your objectives, financial situation and needs.”

Professional / License DisclosuresXYZ Financial Services Pty Ltd is an Authorised Representative (corporate authorised representative no. 270468) and Credit Representative (corporate credit representative no. 421841) of MoneyBags Financial Group Pty Ltd AFSL 111 222

Limited Liability Schemes – accountants, lawyers

Disclosures

Disclosures

No surprises to clients No opening for a complaint If there is a referral fee, commission or other incentive

involved, disclose it Good practice – even if not required by law

[NAME OF FIRM] acts as a referrer only and does not make any recommendation or give any opinion about this product. If you purchase a product from [THIRD PARTY], Platinum Partner Program will receive a commission of 20% (plus GST) of the purchase price, of which 16% is passed onto [NAME OF FIRM].

OTHER MATTERS

Acknowledgement of source material eg: technical articles in client newsletters

Complaint from a client Respond promptly, advise each other (you and PPP)

CONCLUSION