Email marketing to people who gave you their business card

Just going to put this link from Legal Vision here for future reference.

I come up against this all the time with customers – they collect business cards at tradeshows and events and immediately add the contacts to their email newsletter list.

It can be a bit of an awkward discussion, but it should be clear:

The question is whether a person providing their business card is consent to receiving commercial electronic messages. Under Schedule 1 of the Act, consent is either express or reasonably inferred from the conduct and business relationship of the individual or organisation concerned.

Australian Communications and Media Authority v Clarity1 Pty Ltd (ABN 60 106 529 604) and Another (2006) 229 ALR 658

Summary: don’t send emails to people who haven’t given you their consent. And if you have to ask for clarification on whether they’ve given you their consent, assume they haven’t.

I've been involved in digital marketing and web development for more than 25 years. I love analysing data, drinking good coffee and listening to heavy metal. CEO at XEN, a Sydney-based HubSpot Certified Partner.

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