chapter 3

Privacy — Anti Spam

Spam

Defined

(i) unsolicited electronic messaging.
(ii) messages sent without the recipients consent.

As a shop owner, you often have the opportunity to collect and use your customers’ email addresses whether it's through a purchase they made or by joining your email newsletter.

In fact, when it comes to driving sales, email marketing is still one of highest converting sales channels.

The New Zealand government has addressed privacy issues associated with email marketing by implementing the Unsolicited Electronic Messages Act. This act preserves the value of commercial messaging while minimizing the costs and inconveniences of spam. The Electronic Messaging Compliance Team is the government body directly responsible for investigating complaints about spam, and penalties can include fines of up to $500,000.

Commercial Electronic Messages

Does Include

(i) A message that markets or promotes Goods, Services, Land or a business opportunity.

(ii) Providing a link to company site at the end of a non-commercial message makes it commercial.

 

Does not include

(i) A quote that was requested
by the recipient.

(ii) A message that provides information about, warranties for, or confirms and completes a transaction that the recipient consented to.

Avoid Spamming

Our Recommendations

(i) Consent of the recipient to receive the message.
(ii) Identify the business responsible for sending the message and how they may be contacted.
(iii) Unsubscribe facilities must be made available within the message. This means a link or contact that the recipient can use to communicate to you that they do not want such messages in the future.

Sending emails to customers is a great way to keep them informed about your products and offers, but be conscious of their right to privacy. Potentially problematic messages range from emails telling customers about a new sale to offering unsolicited business opportunities. The law doesn’t ban these messages, but it does require that you (the sender) provide certain features, information and gain the consent of the receiver. The burden is on you to prove you had permission from the consumer to send messages. Make sure you have systems in place to store proof of consent. Marketing materials are most effective, after all, when the receiver is interested in getting information. Receiving consent means that your consumers are happy and that you’re in compliance with the law.

Consent you can rely on

Express

This means that the individual expressly made it clear that you could send them messages.

This can be gained by filling out a form, ticking a box on your website or providing an email for this purpose.

 

Inferred

Although consent is not expressly given, it can be expected that such messages would be sent.

This is based on the existing relationship between you and the recipient.

 

Deemed

When an individual conspicuously publishes their business email.

You are able to send publications or offers related to their business unless they expressly state they do not wish to receive any.

Next chapter

4. Privacy — Data Protection

2 min

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