Summary
When running a giveaway and sharing sign-ups with sponsors, it's essential to prioritize transparency and explicit consent. Clearly state the purpose of data collection and how it will be used, ensuring participants actively opt-in to communications from each sponsor individually. Avoid pre-checked boxes or bundled consent. Provide easy-to-understand disclosures, including links to sponsor privacy policies, and offer straightforward unsubscribe options. Consulting legal counsel and your ESP's compliance team is advisable, especially concerning state-specific regulations and co-registration rules. Make the opt-in obvious and intentional because users may not read disclosures. Affiliate programs are considered high risk.
Key findings
- Explicit Opt-In Required: Active opt-in is needed for each sponsor, avoiding passive or pre-selected options.
- Transparency is Key: Clearly state data sharing practices and potential communications from sponsors.
- Individual Consent: Each sponsor should have a separate and distinct opt-in option.
- Easy Unsubscribe: Provide clear and readily available unsubscribe links in all sponsor communications.
- Privacy Policy Links: Include direct links to each sponsor's privacy policy for informed consent.
- Intentional Opt-In: Make the opt-in obvious and intentional due to low likelihood of users reading all disclosures.
Key considerations
- Legal Compliance: Consult legal counsel to ensure compliance with state-specific and federal regulations (e.g., GDPR, FTC).
- ESP Guidelines: Adhere to your Email Service Provider's compliance guidelines, especially concerning co-registration.
- Affiliate Programs: Be aware that affiliate programs come with increased risk.
- Data Use Explanation: Clearly explain how subscriber data will be used by both the giveaway organizer and sponsors.
- Frequency and Nature: Inform entrants about the frequency and type of emails they can expect from sponsors.
What email marketers say
12 marketer opinions
When running a giveaway and sharing sign-ups with sponsors, it's crucial to use clear and explicit opt-in language. Best practices include obtaining active consent from entrants for each sponsor individually, providing separate opt-in options, and avoiding pre-checked boxes or bundled consent. Transparency is key, ensuring participants understand they're sharing their data and may receive communications. Include links to sponsor privacy policies, clearly state the frequency and nature of expected emails, and offer easy unsubscribe options. Consulting with legal counsel is advisable, especially regarding state-specific regulations. Check with your ESP's compliance team for co-registration rules.
Key opinions
- Explicit Consent: Active opt-in is required from entrants for each sponsor. Passive opt-ins are insufficient.
- Transparency: Clearly state that participants are agreeing to share data and may receive communications from sponsors.
- Individual Opt-ins: List each sponsor individually with a separate opt-in option.
- Unsubscribe Options: Ensure users can easily unsubscribe from sponsor emails with clear instructions and links.
- Privacy Policies: Provide direct links to each sponsor's privacy policy.
Key considerations
- Legal Counsel: Consult legal counsel for state-specific regulations and compliance.
- ESP Compliance: Check with your Email Service Provider's compliance team regarding co-registration rules.
- Disclosure: Clearly disclose the purpose of data collection and how it will be used.
- Clarity: Mention the frequency and nature of emails entrants can expect from sponsors.
- Avoid Bundling: Do not bundle all sponsors together; offer individual, distinct opt-in options.
Marketer view
Email marketer from Medium blog indicates that the copy should contain direct links to the privacy policies of each sponsor, letting users understand what data each is collecting.
6 Aug 2021 - Medium
Marketer view
Email marketer from KingSumo Blog shares that each sponsor needs to be listed individually with a separate opt-in. Don't bundle all sponsors together.
30 Nov 2021 - KingSumo Blog
What the experts say
2 expert opinions
When running a giveaway and sharing sign-ups with sponsors, it's important to clearly state what information you are going to share and where that information will be available. Users should give explicit consent for each party who will email them, making the opt-in obvious and intentional, and always provide a clear opt-out process for sponsors' communications.
Key opinions
- Clear Statement: Clearly state what you’re going to do with the data, ensuring it's easily visible.
- Explicit Consent: Users should give explicit consent for each sponsor who will email them.
- Obvious Opt-In: Make the opt-in process obvious and intentional to avoid ambiguity.
Key considerations
- Opt-Out: Provide a clear process for users to opt-out from sponsor communication.
- Affiliate Programs: Be aware that affiliate programs carry risk with deliverability.
- User Awareness: Recognize that users might not read disclosures carefully; therefore, prioritize clarity.
Expert view
Expert from Spam Resource explains that affiliate programs are a risky way to acquire addresses to market to, and users should give explicit consent for each party who will email them. She notes that users are unlikely to read disclosures and it is important to make the opt-in obvious and intentional.
14 Jan 2025 - Spam Resource
Expert view
Expert from Email Geeks shares to clearly state what you’re going to do, where everyone will see it. Be clear that they can opt out from sponsor communication.
30 Nov 2022 - Email Geeks
What the documentation says
3 technical articles
When running a giveaway and sharing sign-ups with sponsors, consent must be freely given, specific, informed, and unambiguous. It requires a clear affirmative action from the data subject (e.g., ticking an unchecked box). Any material connection between the promoter and the sponsor (e.g., sharing data) must be clearly and conspicuously disclosed and understandable. Explain how you’ll use the subscriber's data, and then get their permission.
Key findings
- Freely Given Consent: Consent must be freely given without coercion.
- Specific Consent: Consent needs to be specific to the purpose of data use.
- Informed Consent: Consent should be provided with all the necessary information disclosed upfront.
- Unambiguous Consent: Consent needs to be clearly expressed and not implied.
- Affirmative Action: Requires a clear affirmative action, such as ticking an unchecked box.
- Clear Disclosure: Material connections must be clearly and conspicuously disclosed.
- Understandable Disclosure: Disclosures must be easily understood by the average person.
- Explicit Opt-in: Explicit, opt-in consent is recommended.
Key considerations
- GDPR Compliance: Ensure all consent practices align with GDPR guidelines if applicable.
- FTC Compliance: Ensure proper disclosures are made as per FTC regulations.
- User Understanding: Prioritize clear and easily understandable language in all opt-in materials.
Technical article
Documentation from GDPR Official Website explains that consent must be freely given, specific, informed, and unambiguous. It requires a clear affirmative action from the data subject (e.g., ticking an unchecked box).
16 Feb 2023 - GDPR Official Website
Technical article
Documentation from Mailchimp explains that it recommends explicit, opt-in consent. Clearly explain how you’ll use the subscriber's data, and then get their permission.
9 Dec 2022 - Mailchimp Resource
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