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The Ultimate Balancing Act: Using Consumer Data and Maintaining Trust

  1. 1 © 2022 TrustArc Inc. Proprietary and Confidential Information. The Ultimate Balancing Act: Using Consumer Data and Maintaining Trust
  2. 2 Agenda ● How to address consumer rights to build consumer trust and loyalty ● How to demonstrate privacy compliance ● How to provide transparency to your consumers ● Q&A
  3. 3 Speakers Joanne B. Furtsch Privacy Intelligence Development Director TrustArc Damin Babu Product Marketing Manager TrustArc Ganesh Vasudeva Director of Product Management TrustArc
  4. 4 Laws Storage Collection Processing Compliance People The Evolution of Consumer Trust
  5. 5 How is your Brand Building Consumer Trust? ● Consumers are empowered with the knowledge about how their data is stored, shared, and collected during interactions with businesses ● Consumers have control over the use of their data through providing consent or making their preferences known. ● Consumers have the right to request that a company stop using their data for marketing, commonly referred to as a "right to object". Privacy laws are moving towards providing individuals more control than even over their personal data, requiring:
  6. 6 Understand How to Build and Retain Consumer Trust ● Build trust through honesty and transparency ● Retain trust by honoring commitments Understand the Relationship between the organization and the consumer
  7. 7 Demonstrating Consumer Trust ● Consent & Opting Out ○ Consent must be granular, affirmative, and freely given - ask for consent for each marketing effort individually using a consent mechanism, like a checkbox. ○ Marketing consent must be distinct from any consent to a Terms and Condition agreement or Privacy Policy. ○ Make it as easy to opt-out as it was to opt-in – consent is freely given at all times during the customer relationship, not just within your sign-up mechanism. ○ Manage direct marketing consent with an Unsubscribe function on texts or emails and by using a communication preference page within the customer's account – track the time, date, country, and source through which individuals opt-in and opt-out. Marketing and Privacy Working Together
  8. 8 Demonstrating Consumer Trust ● The Risks of Lists ○ Generally, users must knowingly consent to be contacted via email before a company can legally do so. ○ Relying on purchased email lists as a cornerstone of email marketing is a risky move - instead, gather email addresses directly, e.g., through a subscription form on your website. ○ Email on a purchased list could be inactive or outdated – don’t risk a regulatory violation just to contact an inactive inbox! ● Data Retention, Purpose Limitation & Minimization ○ Personal data may only be kept for as long as necessary to carry out the particular purpose. ○ A data retention policy should outline: ■ Data collected ■ Why it was collected ■ How long it will be retained for ■ How it will be securely destroyed Marketing and Privacy Working Together
  9. 9 Addressing Opt-Outs In Consumer Trust ● California Protection Rights Act (CPRA): ○ Consumers can opt-out or restrict use of their data where there is potential for harm if misused ● Global Privacy Control (GPC): ○ Empowers consumers to broadly signal their preferences regarding the sale and sharing of their data ● General Data Protection Regulation (GDPR): ○ Consumers consent to the processing purposes before their data is captured. The type of consent required is based on the risk related to the type of data being processed and processing purposes.
  10. 10 Takeaways ● Building and retaining consumer trust is a lot like building and retaining trust in your personal relationships - be honest, transparent and honor your commitments ● Marketing and privacy teams must work together to earn the consumer’s trust while achieving business goals ● In today’s rapidly changing regulatory environment, leveraging technology is key to building, retaining, and demonstrating consumer trust.
  11. 11 11 Q&A
  12. 12 Thank You! See for the 2023 Privacy Insight Series and past webinar recordings. If you would like to learn more about how TrustArc can support you with compliance, please reach out to for a free demo.