Incorporating privacy into marketing and customer relationship management

incorporating privacy into marketing and customer relationship management

New marketing, CRM, and sales approaches that consumers appreciate build . Has “privacy by design” been incorporated in your campaign. The area of Relationship Marketing (RM) and Customer Relationship The importance of technology and its use in CRM is in the increased use of these .. Telephony: Computer telephony integration (CTI) can be incorporated as web is the privacy issue regarding their information (Franzak, Pitta & Fritsche, ). Marketers need to connect with people to form business-customer relationships — and nobody Privacy Center Careers . wants that you don't have, you could work on ways to incorporate that into your brand and your operations. When you work with Lotame for your data management needs, you'll get.

Companies are increasingly relying on innovative and edgy digital marketing campaigns to promote their products and services. When you read the answers to the questions below, you will get guidance on the issues to help inform your diligence and counsel. There are an equal number of advertising law and intellectual property issues that relate to marketing campaigns and CRM programs, which will be addressed in subsequent blog posts.

The last decade has seen technology change how companies can target consumers in ways hardly imagined. The results can be beneficial to both brands and consumers, but consumers also face real risks and burdens as a result.

Beyond the privacy issues discussed above, regulatory and intellectual property issues must be considered, both of which will be discussed in future blog posts and client advisories. Companies need to weigh the benefits and risks of proposed advertising, CRM, and sales schemes and be aware of the changing regulatory landscape that is evolving as technology advances. Further, the most important asset a brand has is its consumer goodwill. New marketing, CRM, and sales approaches that consumers appreciate build goodwill, but those that are perceived as misleading, unfair, or too intrusive can harm the brand.

incorporating privacy into marketing and customer relationship management

The role of legal counsel is to help marketers identify and evaluate the risks of novel promotional, consumer relationship management, and sales techniques from conceptualization though execution so that they may minimize risk while still achieving a compelling campaign that delivers the desired return on investment.

Have you posted an appropriate privacy policy? Not posting a privacy policy on a web site, mobile application, Facebook application or any other online service that collects personally identifiable information e.

Customer relationship management

Companies that collect personally identifiable information from California residents through any online service for commercial purposes, even if they are not themselves in California, must conspicuously post a privacy policy that informs individuals of this collection, including: Further, recent amendments to CalOPPA, effective January 1,require the privacy policy to additionally inform individuals of the following site practices: As of January 1,privacy policies of services that allow user content postings will also have to provide in a specific manner a notice and a takedown process for minors to remove content they have posted about themselves.

The California Attorney General has issued further guidance, particularly on how to deal with the small screens of mobile devices. The FTC has long used its deception authority to prosecute inaccurate or misleading statements in privacy policies as false advertising claims. In addition, certain regulated industries have specific privacy disclosure obligations, and online services directed to children have special regulatory requirements, outlined below.

Accordingly, it is essential that companies annually audit their data collection, use, sharing, processing, storage, and security practices and ensure that their privacy policies completely and accurately explain all material practices and comply with applicable laws.

Most companies will also need to meet the more stringent California requirements.

incorporating privacy into marketing and customer relationship management

While CalOPPA requires such notice and opportunity to cure for failing to post a privacy policy, no notice and cure opportunity is necessary for a state or local prosecutor or for a consumer to bring a CalOPPA-based claim for false or misleading statements in a privacy policy. Are you using third parties to collect information, or are you sharing information you collect with third parties? In addition to the third-party tracking disclosure requirements of the CalOPPA amendment noted above, it is important to consider what information third parties may be directly collecting on your sites and what information you may be sharing with third parties such as co-promotional partners.

With third parties you are working with on a campaign, you should consider whether you have addressed data ownership and control issues, properly disclosed information sharing practices, and imposed legally required security obligations where necessary.

To Avoid Claims, Assess Privacy Impacts of Marketing and CRM

Although it may feel to you like one big, happy family when you share information among affiliates, you may be creating the wrong impression if you say in your privacy policy, or at an information collection point, that you do not share information collected with any third parties.

Companies should particularly take care to assess their obligations under California Civil Code Section Failure to comply with that scheme has spawned a number of class action lawsuits. Further, a bill in the California legislature would vastly expand the scope and effect of that law. Does your campaign incorporate cookies, pixel tags, browser fingerprinting, web beacons, or other tracking technologies, and do you disclose these practices?

Undisclosed passive tracking is the stuff that media headlines are made of, and depending upon the scope of the information collected, it may now be required to be disclosed under the recent CalOPPA amendment discussed above. Cookies and other passive tracking practices are receiving increasing scrutiny domestically and globally particularly in the European Union and Canada from both the press and lawmakers.

Even where passively tracked information is not linked to what we in the U. Also, almost every site now uses Google Analytics, and Google requires that certain disclosures be included in your privacy policy, as do other third-party vendors that most sites rely on to operate and serve ads. Thus, most companies engage dozens of vendors to help them operate their sites or services, and those vendors similarly contractually require that specific notices and opt-outs be followed by the companies.

Third parties government, media, consumer organizations, and site visitors can use various browser add-ons see http: Misrepresentations and potentially material omissions are actionable as deceptive advertising claims.

Revise your privacy policy to thoroughly address passive means of collecting information on your site or application.

Relationship marketing and Customer relationship management

As part of a data practices assessment, talk with your IT staff and marketing staff to ensure that you cover all of your bases and get an accurate picture of what is going on with your site and in connection with your digital campaigns. In Marchthe FTC released a set of recommendations for businesses regarding the collection and use of consumer personal information. The goal of privacy by design is to minimize the privacy impact on consumers and maximize their informed choice. In order to effectively implement PbD, it is essential that a knowledgeable privacy professional evaluate the planned data practices to identify issues.

For instance, the defendants in the recent flood of lawsuits relating to collection of consumer information as seemingly innocuous as mere zip codes in connection with credit card purchases, which violates California, Massachusetts, and other state laws, could have avoided those claims had they had compliance counsel involved in the development of the purchase flows. Such an impact assessment is essential when integrating loyalty programs with point-of-sale to avoid noncompliance with these credit card transaction privacy laws.

incorporating privacy into marketing and customer relationship management

Do you offer choice regarding future marketing communications? The ability to communicate with consumers is increasingly subject to different legal requirements both in this country and internationally.

In practice, that means developing your company's methodologies, internal operations, software and Internet capabilities to be able to better address your customers' needs and, as a result, make your relationships with your customers more profitable.

Using a CRM system, you can keep track of key customer information such as contacts, communications, accounts, purchases and preferences. This can allow you to match your customers' needs with your products and services. By analyzing the data, you can: Identify your best customers Enrich and customize the way you communicate with your customers Manage marketing campaigns Serve wider geographical regions Customer relationship management systems A wide variety of customer relationship management systems exist, from very simple to more complex.

You can use online solutions, off-the-shelf software, or customized programs.

To Avoid Claims, Assess Privacy Impacts of Marketing and CRM | Data Privacy Monitor

The use of spreadsheets or contact management software to keep track of your interactions with customers would be considered a simple CRM system. To adopt a more effective system, however, you would require a comprehensive, organization-wide effort to attract and retain customers through an integration of information, people, policies, processes and technological strategies.

Even if you operate a very small business, you'll discover that CRM technologies have become accessible and affordable. You can now access a wide range of online options such as applications that require no software purchase or install; your business simply pays a subscription fee.

Like many small businesses, you may opt to deploy your CRM technologies in steps, perhaps starting with sales force automation or call centre software. As your business grows and you and your employees become more familiar with the software and its capabilities, you will begin to realize how other features can further help your business succeed.

Discover how using information and communications technology products can increase your sales and productivity.