POPI and Email Marketing

POPIPROTECTION OFPERSONALINFORMATIONACT

POPIPROTECTION OFPERSONALINFORMATIONACT

What does this meanfor email marketing?

Facebook.com/Everlytic�Linkedin.com/company/everlytic�

Twitter.com/Everlytic� Tel : +27 11 447 6147Email : [email protected] : www.everlytic.co.za



RESPECT AND PROTECTPERSONAL INFORMATIONRESPECT AND PROTECTPERSONAL INFORMATION

Customers Prospectivecustomers

Employees

SuppliersCommunities

CorporateEntities

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IF YOU DON’T COMPLYIF YOU DON’T COMPLYReputational damage

Lose customers & fail to attract new ones

Pay out millions in damages to a civil class action

Be fined up to R10 million or face 10 years in jail

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IT’S LAW, BUT YOU HAVEONE YEAR GRACE PERIODFROM COMMENCEMENT

DATE

IT’S LAW, BUT YOU HAVEONE YEAR GRACE PERIODFROM COMMENCEMENT

DATE

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STORAGESTORAGESpecific business purposes

Explicit consent (opt-in)

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DATADATAKept up to date

Get updates

Delete dormant / unused lists

Keep unsubscribe lists forfiltering

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PROCESSINGPROCESSINGKeep records of everything you do with the personal information

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SAFETY AND SECURITYSAFETY AND SECURITYIP Locks

Passwords

System access

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DATA HELD OUTSIDE OF SADATA HELD OUTSIDE OF SANeed to get consent if data isoutside of SA

Can put in a clause in T’s and C’s

Add to footer

Refer to it in newsletters

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GET CONSENTGET CONSENTOk to send initial opt-in email

No permission means no further communication

Double opt-in tactic is recommended

But you should ALWAYS allow subscribed contacts to unsubscribe

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GENERAL VS SPECIFIC CONSENTGENERAL VS SPECIFIC CONSENTNeed consent for direct marketing of specific products/services

Initial communication should be wide enough to include all future ranges

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WHAT ABOUT EXISTING CUSTOMERS?WHAT ABOUT EXISTING CUSTOMERS?Direct marketing is allowed without the need of explicit consent

But all other rules still apply

And you can only market similar products and services

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TRANSPARENCY TRANSPARENCY All communication must indicate theidentity and contact details of sender

Include a complaints link

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BUYING OF DATABASESBUYING OF DATABASESVendor must have consent

General rule: don’t accept databases unless you know they have explicitconsent.

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SOCIAL MEDIASOCIAL MEDIASocial media is compliant with POPI due to people having to opt-in