Modern marketing has evolved. Digital buyers increasingly expect more personalized, tailored experiences; and through the use of cookies and similar technologies, marketers can access online data sets to help them to better understand their customers and meet these expectations. For marketers working in a multi-channel, multi-market environment, the demand is even greater. You must be educated, engaging and integrated in your approach - and also be compliant in how you capture and use customer data in your marketing processes, across multiple countries with varying legislative requirements. Learn more about this hot topic from the experts! Duncan Smith (CEO, iCompli), Autumn Tyr-Salvia (Email Strategy and Compliance Analyst, Marketo) and Liz Smyth (Marketing Director EMEA, Marketo) discuss: • How marketing has evolved, and the ePrivacy demands this places on marketers • How legislation and regulation impacts on day-to-day marketing processes • ePrivacy Legislation – What’s current? What’s coming? • The regulators' viewpoint – Who are they and what are they saying? • How end-users perceive privacy issues • Top things marketers need to know to be prepared

1. Duncan Smith
Autumn Tyr-Salvia
Liz Smyth
CEO,
iCompli
Email Strategy &
Compliance Analyst,
Marketo
EMEA Marketing Director,
Marketo
© 2014 Marketo, Inc. Marketo Proprietary and Confidential

2. Liz Smyth
EMEA Marketing Director
@lizsmyth
© 2014 Marketo, Inc. Marketo Proprietary and Confidential

3. The Rise of the Marketing Nation
Page 3
© 2014 Marketo, Inc.

4. Unprecedented Changes in Buying
Information:
Information:
SCARCITY
ABUNDANCE
Purchasing Power:
Purchasing Power:
SELLERS
BUYERS
Organizational Power:
Organizational Power:
SALES
MARKETING
THEN
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© 2014 Marketo, Inc.
NOW

5. The New Rules of Marketing Engagement
#1
Finding customers
Being found
#2
Point in time blasts
1:1 Durable relationships
#3
Demographic
Behavioral segmentation
#4
Few/isolated channels
#5
Intuitive decision making
THEN
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© 2014 Marketo, Inc.
Exploding/integrated channels
Owned, big time series data
NOW

6. The Bottom Line: Everyone Can Market Like Amazon
Page 6
© 2014 Marketo, Inc.

7. Duncan Smith
CEO, iCompli
@Duncan_iCompli

8. Two important privacy ‘agents’
What PEOPLE
are aware of
and want
What the LAW
requires us to
do
Copyright iCompli Ltd 2014

9. People ‘datafication’
How accurate is too
accurate?

10. The understanding and application of privacy
is not an academic exercise; it has a
measurable impact on corporate risk and
customer relationships.
Let’s look over the ‘brow of the hill’ and
prepare ourselves for legal and cultural
changes.

11. Is the Perfect Storm on it’s way?
 “Perfect storm" of more data, more REGULATION
more ENFORCEMENT AND more AWARENESS
Copyright iCompli Ltd 2014

12. ‘Hamster Wheel’
Data
Device
Copyright iCompli Ltd 2014

13. Copyright iCompli Ltd 2014

14. Are they people saying anything?
CULTURE AND AWARENESS
Copyright iCompli Ltd 2014

15. Two important privacy ‘agents’
What PEOPLE
are aware of
and want
What the LAW
requires us to
do
Copyright iCompli Ltd 2014

16. DMA research
The Data privacy: What the consumer really thinks is published by The Direct Marketing Association (UK) Ltd
Copyright iCompli Ltd 2014

17. Copyright iCompli Ltd 2014

18. ‘Stealth wear’, a reflection on
changing attitudes
Copyright iCompli Ltd 2014

19. ‘Stealth wear’, a reflection on
changing attitudes
Hyper-local maps
Copyright iCompli Ltd 2014

20. Copyright iCompli Ltd 2014

21. Two important privacy ‘agents’
What PEOPLE
are aware of
and want
What the LAW
requires us to
do
Copyright iCompli Ltd 2014

22. Source: Data Guidance http://bit.ly/1j2s9iw
Copyright iCompli Ltd 2014

23. Do PEOPLE care about their privacy?
 Technology is driving the collection/appetite for data
 Is the backlash coming?
we found out that as
long as a pregnant
woman thinks she
hasn’t been spied
on, she’ll use the
coupons
Black, gay or
Democrat?
Facebook Likes are
85-95% accurate
Copyright iCompli Ltd 2014

24. What changes are on the RADAR
 EU General Data Protection Regulation (GDPR)
 2014: On going negotiation between EC, Council of


Ministers and Euro MPs
2014/15 Plenary Vote
2016 Q1 Possible implementation
 PRISM mass surveillance under microscope
 2014 Q1 first reading of enquiry
 including reviewing the Safe Harbor and binding
corporate rules governing EU to US data transfers
 Rise of ‘Trust Me’ badges
Copyright iCompli Ltd 2014

25. 6 to watch out for..
Breach
Notification
Privacy
Process
Mandatory
data loss
disclosure
PIA and
Policies
Children
Right to be
forgotten
Processor
Controller
obligations
Legitimate
interests
Under 18s
Consent
withdrawal,
data erasure
More
responsibility
for data
security
Consent rules
‘harden’
Copyright iCompli Ltd 2014

26. Copyright iCompli Ltd 2014

27. New Behavioural Advertising Rules
• OBA Rules - in force on
User visits a
site
4 February 2013 - require
third parties to give clear
and comprehensive notice
to users that;
•
•
they are collecting and
using web viewing
behavioural data for the
purposes of OBA, and
how a web user may opt
out of collection and use
Groups are
re-targeted
and served
specific ads
• Must not create ‘segments’
to target under 13s
Copyright iCompli Ltd 2014
Re-Targeting
and ReMarketing
Groups of
users
formed
based on
their actions
User
completes a
particular
action

28. OBA Focus in the EU
Non statutory changes
 These are in addition to Privacy

and Electronic Communications
(EC Directive) (Amendment)
Regulations 2011 (‘Cookie law’)
Emergence of self certify ‘Trust
Me’ schemes
Copyright iCompli Ltd 2014

29. Autumn Tyr-Salvia
Email Strategy & Compliance Analyst
@aceofemail
© 2014 Marketo, Inc. Marketo Proprietary and Confidential

30. Global Privacy Law
Page 30
© 2014 Marketo, Inc.

31. Why is spam considered bad?
• Receivers pay to receive email
• More than 90% of email is spam
• = Lots of money wasted!
Page 31
© 2014 Marketo, Inc.

32. US Email Law
• CAN-SPAM
• Does not prohibit sending unsolicited email
• Requires functional unsubscribe
• Prohibits email fraud
Page 32
© 2014 Marketo, Inc.

33. US CAN-SPAM
CAN-SPAM: Not terribly effective at reducing unwanted email
Page 33
© 2014 Marketo, Inc.

34. Canada Email Law
• CASL – Enforcement Starts July 1, 2014!
• Requires opt-in
o Very specific about opt-in methods
• Passive opt-in expires
o 6 months for inquiries
o 2 years for former customers
• Covers all Canadians
• Private right of action (2017)
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© 2014 Marketo, Inc.

35. Best Practices
•
•
•
Stricter than US law – comply with global antispam community
Direct opt-in – not opt-in to a third party data vendor
Engage in best practices to get the best results
Page 35
© 2014 Marketo, Inc.

36. Cookies
• Essential functions:
•
•
•
•
•
Personalization
Site preferences
Shopping carts
Analytics
Marketing data
• Fears:
• 1984
Page 36
© 2014 Marketo, Inc.

37. US Cookie Law
• California Privacy Law AB370
• Disclose whether you respect “Do Not Track”
• Disclose whether 3rd parties collect PII for you
• Have a comprehensive privacy policy
Page 37
© 2014 Marketo, Inc.

38. Canada Cookie Law
• CASL
• Virtually no restrictions on cookie tracking
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© 2014 Marketo, Inc.

39. Australian Privacy Act (1988)
Ten National Privacy Principles for handling personal information:
• Collection
• Use & disclosure
• Information quality & security
• Openness
• Access & correction
• Identifiers
• Anonymity
• Trans border data flows
• Sensitive information
Permission for email is by Opt-in only, that is Express consent (direct from the
recipient) or Inferred consent (a relationship with the customer already exists).
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© 2014 Marketo, Inc.

40. Australian Privacy Act (2014)
By March 2014, Australian organisations with annual revenues
of over $3Million will need to comply with an amended Privacy Act.
These organisations will need to detail how they handle personal information, &
understand the changes to when personal information can be used for direct
marketing or be sent overseas, for example –
•
•
•
An organisation must notify a user of the intended purpose of collecting
their information at the point the personal information is collected.
Consent must be kept up-to-date & customers should be informed when
their data may be used for a different purpose to what was communicated
when it was stored.
From March 12 if data is disclosed offshore to a 3rd party provider the
organisation can be held vicariously liable for any breach by that third party
(i.e. a breach by your cloud computing provider is treated as your breach)
meaning additional due diligence & bespoke contracts may be required.
Page 40
© 2014 Marketo, Inc.

41. New Zealand Privacy Act (1998)
Twelve privacy principles:
• Collection of personal information (1-4)
• Storage & security of personal information (5)
• Requests for access to & correction of personal information (6 & 7)
• Accuracy of personal information (8)
• Retention of personal information (10 & 11)
• Use of unique identifiers (12)
Permission for email is by Opt-in only, that is Express consent (direct from the
recipient) or Inferred consent (a relationship with the customer already exists)
Page 41
© 2014 Marketo, Inc.

42. What are our recommendations?
OUR ADVICE
Copyright iCompli Ltd 2014

43. Top 5 Things you can do now
@Duncan_icompli
1.
2.
3.
4.
5.
Get your finger on the pulse and start ‘following’ people and
organisations who report on changes to privacy law
Raise the privacy ‘bar’ in your organisation, get it on the
agenda and start to prove the business case by demonstrating
TRUST-PRIVACY-SALES go hand-in-hand.
Be AWARE of your target audience and their differing
privacy attitudes
Privacy impact assessments and privacy by design are coming
– you might as well start now (see 2 above)
Use personal data to deliver demonstrable benefits
(‘Genius’).
Copyright iCompli Ltd 2014

44. 5 ‘Low hanging fruits’; quick easy
privacy impact assessments
1. Revisit your web assets and check what cookies/tags are
dropped
2. Confirm they are described/listed in your privacy policy
3. Confirm there is a clear message on ‘first access’ that
your site uses cookies and present options to
manage/limit collection of data
4. Set your customer record to have a ‘provenance’ field
aka ‘where did you get my name from’?
5. Record data provenance on all new contact/leads
acquired
Copyright iCompli Ltd 2014

45. Questions?
Duncan Smith
@Duncan_iCompli
© 2014 Marketo, Inc. Marketo Proprietary and Confidential
Autumn Tyr-Salvia
@aceofemail
Liz Smyth
@lizsmyth