Contact Us | 1-866-488-4474 |
Showing posts with label Canada's Anti-Spam Legislation (CASL). Show all posts
Showing posts with label Canada's Anti-Spam Legislation (CASL). Show all posts

Keeping on Top of Your Database Post-CASL

With the passing of Canada's Anti-Spam Legislation (CASL) last July, the world of database management has changed for Canadian marketers. No longer can we simply email a list of prospects, weed out the bad addresses and follow up with the good ones to ensure our database is clean. If an email is sent to someone who doesn't want to be on your list, it can land you in trouble!

(Read more about the do's & don'ts of CASL by downloading this Greenfield CASL overview).

But what should you do if your database is a mess? Here are a few tips:
  1. It's the circle of life!  Accept the fact that the minute you've finished updating your database, something in it will be obsolete.
  2. Resist buying data.  Even if a list seller says they have email opt-in, don't believe it!  Legal professionals tell us email permission is not transferable; it rests only with the entity who obtained permission in the first place. A list seller would have to send the email for you in other words.  So be careful and buy only from reputable entities.
  3. Focus first on the data you do have.  Set up a phone campaign. Have the list cleaned the good old fashioned way. 
  4. Update in small chunks. Set aside a few hundred of your best records, get those updated and feel good about what you've done. And focus on keeping this chunk of data pristine. Make it your A-Team and work from there. 
  5. Be brutal! If a contact can't be updated in a predetermined number of phone calls, archive it, delete it, or remove it, but get it our of your regularly accessible records. 
  6. When you make a call, start at the top. An Executive Assistant to a President will know who plans the meetings within the company. To get past a tenacious receptionist, ask for Sales. The Sales department is a great place to start since they will be hosting a number of the meetings. 
  7. Keep your funnel full by topping it up with new records.  This means systematically adding to your database as you acquire new leads from a trade show, and inbound inquiry, or a networking event.  Ask your new prospects if you can keep in touch via email, and send them an email with a formal opt-in request they can accept right away.
  8. Email regularly. Don't be afraid of email just because of CASL. Moving prospects from implied to express consent can be simplified with an opt-in campaign via e-blasting, so why not do it? And for those who have opted in, they have given you permission to email them regarding specific topics. Why not woo them with great email content and keep them coming back for more?
Data cleansing isn't rocket science but it's time-consuming and required consistency. Remember that clean client and prospect data will make you a more efficient hospitality sales and marketing organization and ensure you are follow all of the new rules!

Tradeshow Follow-Up Post CASL

Even though Canada's Anti-Spam Law came into effect July 1, it appears meeting planners, exhibitors and event attendees are still very much confused about what they can and cannot do with email marketing.  I had the pleasure of answering questions at IncentiveWorks a couple of weeks ago, and I'm still getting requests to present this fall.

At Greenfield we've written extensively about what the CASL means for Canadian and even foreign organizations who are sending an email to Canadian recipients.  We get asked all the time, and yes, even non-Canadian companies are affected by this law because they can be sued by Canadians, if they don't follow the rules.

But for now, let's look at what you should or should not do if you are following-up with attendees after a tradeshow where you exhibited:
  • Unless someone signed a form (online, using a tablet, or an actual paper form) where you specifically ask them to "opt-in" to receive further electronic communication from you, you do NOT have express consent.
  • If someone gave you their business card, or just dropped it in a bowl for a draw, you have implied consent only.  This means you have 6 months from the date of that show to "convert" the prospect to an opt-in, or else you must stop email them.  If you fail to do so, and the recipient feels you have been spamming them, they could report you to the Canadian Radio Telecommunications Commission.
  • Getting an attendee "scanned" does not give you express consent; it is exactly as if the person had dropped their card in a bowl, except that you don't have to enter their contact information manually. This is because you have no "proof" that it was the recipient whose badge you scanned and there is no clear agreement as to what the person consented to.  So you still only have 6 months to market to them electronically and get opt-in.
  • If you do business with someone after the tradeshow, you should still get them to opt-in expressly.  If you don't, you have two years from the date of the transaction, to continue sending commercial electronic messages.  Unless of course, they buy from you again (every time there is a purchase, the "timer" resets).
What can you do if you don't have someone's consent?  You may:
  • call them: engage in a conversation, see if you are a fit for their needs. If they are, send them whatever information you discussed, and ask them to opt-in!  Otherwise you'll be right back to square one in 6 months.
  • call them and ask for a verbal opt-in: it is a little known or understood fact that you can call someone and get a verbal opt-in.  For this to work you must ask them a "security question" that would prove you had a conversation with them about consent.  When we do this type of work for our clients, we ask for the person's first letter of their city of birth.  If you do this, but be SURE to keep this information in your database, along with the date and time the conversation took place.
  • mail them: depending on the number of delegates and what you are selling, a smart direct mail piece with a strong call to action may present a better option.  It's even more powerful if you call after they've received the piece and you engage them in a conversation!  This will boost your lead rate and your sales.
  • see them in person again: the problem with email or traditional mail is that they don't necessarily help us forge relationships.  Personal interaction does.  Maybe a side effect of this law will be to force us to go out on sales calls again!  Then, when someone has met you in person a few times, there is less danger they will think of your next email as spam.
We often hear that 80% of tradeshow leads are never followed up on.  The CASL sure doesn't make it easy for anyone to improve that percentage, but the successful sales people will find a way!

Top 10 Ways to Market Your Event

Over the years, our Greenfield team has had to "rescue" numerous programs because they had not be promoted well to begin with.  Whether you are promoting for a FAM, a client appreciation event, or even a paid conference, here is our prescription for a successful event marketing campaign:

  1. Get permission first: with the implementation of Canada's Anti-Spam Legislation (CASL) July 1, 2014, make sure you get permission before you start marketing electronically.  Even if you're in the USA or anywhere else on the globe permission these days is key.  It's not easy, but you can build your list and get people to agree to receiving your information by reaching out by phone, in-person at another event, or through social media connections.  In Canada, with the new law's requirements, ensure you stay on top of your database; otherwise you may soon be running out of option for your marketing list!  
  2. Maintain your database meticulously: With the CASL, if there is a complaint, the burden will be on you to prove that permission was obtained.  Don't risk a fine by sending unwanted messages to recipients whose information you haven't updated in your database.  Keep it clean!
  3. Make it about ME: who cares if your event has a record-breaking number of exhibitors, sponsors or break-out sessions?  If your communication isn't articulating what's-in-it-for-ME, as your attendee, then you likely won't get me to register, regardless if your event is free or paid.
  4. Twitterize your message:  Don't send long emails telling me ALL there is to know about your event.  Since your message is mostly likely to be viewed on a mobile device, keep your message short and to the point.  If there's more to your story, give links where the recipient can go for more.
  5. Make it easy to share: An increasing number of business event attendees are active on social media.  Make it easy for attendees to share your event with peers by using ShareThis or other social media sharing platforms. That way they can tweet, post to Facebook or LinkedIn, or whatever social medium they prefer.
  6. Tell them who else likes you & who else will be there: When you tell your event's story, impart the experience through the voice and words of people like your prospective attendee. The testimonial of a REAL person, with a name, title, company and photo, will go a long way to convince them your event is worth their time.  And while you must respect attendees' privacy and not reveal their personal information, it's OK for you to tell the names of the organizations who will be represented at your event.  This will help your prospective attendee – and their boss, if they need approval – better decide if the event is for them.
  7. Show them too: If a picture is worth a thousand words, then video is worth a million.  Use this powerful tool to show clips of speakers, testimonials from attendees, exhibitors, sponsors.  Score double points by showcasing a video showcases of someone with similar attributes to your prospect.
  8. Vary your channels: Unless recipients have "white listed" your email address, there's a 30-40% chance that your mass-deployed email will be caught in spam filters.  So while your audience may be interested, they may never see your message; you must vary the ways you reach out!  Pay special attention to the groups where your prospects hang out on LinkedIn.  Get the influential people in your industry, those with lots of followers, to tweet about your event.  Or even send something by mail – something that'll pique recipients' curiosity, something that'll get them to check out your event online.
  9. Understand my communication preferences: While Boomers and GenXers may appreciate getting information by email, younger professionals may not be so interested.  Millennials are said to be less inclined to read email.  This, coupled with the CASL, may require you to shift resources to building a following on social media.  But make sure you know which ones first!
  10. Don't be so business-like: Learn from what gets shared online; I'm not talking about silly cat videos (unless your event is about cats), but we all enjoy funny or touching stories. Your promotion will rise about the clutter if you show emotion, humour, or an edge.  Business need not be so serious!

Do you have any other smart ways to promote your event?  Share them here!

What the Meetings Industry Needs to Know about Canada's Anti-Spam Law

This article does not constitute legal advice. Readers are cautioned against making decisions based on this material alone. Please consult a legal professional for more information pertaining to YOUR situation.

In exactly two months, on July 1, 2014, Canada's Anti-Spam Legislation (CASL) will take effect.  This law was actually passed by Parliament in December 2010, and took over 3 1/2 years of industry consultation to bring it to fruition.

It's been so long that very little so far has appeared in the news about it. Thankfully for our industry, CSAE has done a solid job of informing association executives.  But the private sector appears to be completely in the dark about the CASL – meetings industry suppliers especially!

So here is a quick primer:

The CASL applies to any commercial electronic message (CEM, aka email, text, direct messages on social networking accounts) that promotes your organization, facility or service. Examples include soliciting a prospect to book your hotel or inviting recipients to sponsor, attend or exhibit at a conference or event.

Note that the "commercial" aspect applies regardless whether there is an expectation of financial reward.  A DMO or site selection company promoting its free service to source appropriate venues still would subject to this law, even though no money is exchanged.

The cornerstone of the law says that in order to send a CEM, the sender must have consent from the recipient.  

There are two types of consent:

Express consent is the communication agreement you have with an individual client, member, or exhibitor. These contacts have explicitly agreed to receive electronic communication from you. Express consent means they have completed a form, in hard copy or online, or told you verbally, “yes, I want to receive more information from you.” 

Verbal consent only applies if you can prove the conversation took place, with the date and time, supported with information that was shared for the specific purpose of validating the exchange, such as "what is the first letter of your city of birth?" 

With express consent you can continue communicating until you are told to stop.

Implied consent on the other hand is a tentative agreement between you and a prospective client, member or other stakeholder. This would include an online inquiry, an exchange of cards at an industry function, or an individual dropping their business card at a trade show. Such a person could be interested in becoming a client of your organization, but you are not sure. Since he/she has not specifically said “yes, communicate with me”, consent is only implied, and CASL says you can only communicate with them only for six months following their inquiry. 

Implied consent would also apply to anyone you have done business in the last two years, but where the recipient has not filled out a form or given you express verbal consent. 
Implied consent resets every time a new business transaction or inquiry is made.

There are a few "exceptions" where you can communicate electronically, without prior consent.  These are treated as implied-consent records and therefore should be OK to communicate with for a period of up to 6 months:  
  • When someone has published their email on a website or printed directory and not specifically said "I do not wish to receive unsolicited email":  These are considered "fair game".  But be careful to send only communication that could be seen as relevant to the recipient (e.g. if they are a trade show manager, it would be OK to send information about trade show displays, but highly questionable to email them about laser eye surgery, for instance).  
  • If you are referred by someone from within the targeted organization: if you contact an association where the planner has moved on, and you ask for their replacement's contact information, you have legitimate grounds to contact the new planner.  Make sure you mention the referring contact ("further to my conversation with your receptionist...");
  • If two companies have a relationship: An example could be a "master agreement" for special rates between a hotel company and a corporate account.  If you are the hotel sales manager you could send an email to their corporate meeting planner, pointing out the relationship, and asking about potential groups or meetings. 
The "must-have" elements of your message:

All email messages from your organization must contain the name of the sender and their contact information, including physical address and phone number, along with either an email address or website.  If your communication goes through a third party, such as a marketing agency, the sender must also identify who they are sending the message for.

Subject lines must be representative of the content of the email. Resist high-handed subject lines such as “Important News about your membership” or “Important News about the Upcoming Meeting” just for the sake of promoting open rates. Sensational or misleading subject lines are unacceptable.

All email messages must contain an easy, one-click unsubscribe option, which automatically ensures that the recipient no longer receives communication from you.

Other considerations:
  • Process all unsubscribes as quickly as possible. Immediately is best. Organizations that still send emails 10 days after consent has been revoked are more likely to be at risk with both the recipient and the law.
  • It is highly recommended that your email software be connected to your CRM. You may need to have an alternative way to send membership renewal notices, or upcoming meeting details, and other information as required.
  • In the event of a complaint, you will be required to prove that consent was obtained. This includes knowing the method or source of consent (as an example, if they filled out their preferences online), the date it was received, and what permission statement they consented to.
What it could cost you:

Penalties for non-compliance include $200 for each message (one unsolicited communication can count as a violation), and can reach up to $1,000,000 per day for individuals and $10,000,000 for businesses. This will be enforced by the Canadian Radio-television and Telecommunications Commission (CRTC). As of July 1, 2017 consumers and businesses will have the right to take civil action against any violator.

For more information on CASL, contact me at 613-288-4512 (yes, I prefer a call... and if I'm not available my voice mail will give you my email address!).  Also consult www.fightspam.gc.ca.

Canada's Anti-Spam Law Demystified at CanSPEP Conference

On July 1, 2014, a new Anti-Spam Law takes effect in Canada.  Organizers who market events to Canadians may find themselves at odds with the new rules unless they take steps now to shift their electronic communication to potential attendees, exhibitors and sponsors.

The law says email or text marketing messages can only be sent if the sender has the recipient's consent, or if there is a pre-existing business relationship with the recipient (and the definition of “pre-existing” is a limited one).

Greenfield Services' Chief Strategist, Doreen Ashton Wagner, will address members and sponsors of the Canadian Society of Professional Event Planners (CanSPEP) on this very issue at the association's annual conference the Brookstreet Hotel in Ottawa on February 21, 2014.

Addressing the do's and don'ts of Canada's new Anti-Spam Legislation, Ashton Wagner will help third-party meeting and special event planners to understand the impact of the new law, provide practical steps to comply with the legislation as well as better market to potential attendees, exhibitors, and sponsors.

Questions to be addressed will include:

  • How is this law relating to privacy rules?
  • What is express vs. implied consent and what does it mean for events? 
  • How will marketers publicize their events if consent is not obtained?
  • How will data management change to ensure compliance and continued privacy?
  • What elements will be required in email marketing messages in order to comply with the law?
For more information on the event please see the CanSPEP 2014 Conference website.

Canada's Anti-Spam Law: a Serious Threat for Meetings Industry Marketers in 2014

When Canada's Anti-Spam Legislation (CASL) comes into effect this summer, it could drastically alter the way hotels, DMOs and meetings industry suppliers market to meeting and event planners.

The law was passed in 2010, but the federal government gave businesses three years to get ready. Unfortunately, few are aware of what this is all about.  As of July 1, 2014 penalties will apply if marketers ignore what is now mandated.

New requirements include:
  • Obtaining the recipient's consent PRIOR to sending an electronic, commercial message such as an email or text;
  • Recording this consent in a dedicated field in your organization's database so it can be verified if there is a complaint;
  • Ensuring your opt-out mechanism is easy and automatically removes a recipient no longer receives emails from you.
Failure to comply with the law could entail a $200 fine for each message (one unsolicited communication can count as a violation), and can reach up to $1,000,000 per day for individuals and $10,000,000 for organizations.

Here are three common sales & marketing practices in the meetings industry that marketers won't be able to do after July 1:
  • Buy a list and eblast an offer: first of all, if you get an offer to buy lists of meeting planners and someone says you can buy or rent it to eblast, don't do it.  Or if you do it (and we say: buyer beware!), make sure it's before July 1.  After that date you will NOT be able to send an unsolicited email touting your hotel, destination or services, even if you have an "opt-out" link. 
  • Eblast a tradeshow list: This one is a little less straight-forward.  If a planner came by your booth and dropped off a card, you will have six months to obtain express consent from the date of your meeting.  With express consent you will be able to continue with email marketing.  But after 6 months, if they haven't given you consent, you must stop. 
  • Your hotel recently completed its renovations program and you want to eblast the news:  As of July 1 you'll be OK to email those with whom you have done business in the last two years prior to the date of the deployment.  Anyone else who was just a prospect, you have to have their express consent first.
For more information on the CASL, how it will affect the way you market you meeting venue, service or destination, join us for our webinar on Thursday, January 30, at 12 noon EST, "What the Meetings Industry Needs to Know & Do About Canada's Anti-Spam Law".  This online event is free for qualified hotel, destination and other meetings industry suppliers.

Register at: https://cc.readytalk.com/r/apk4z5xr0oq2&eom