Summary
The overwhelming consensus is that you should NOT add trade show contacts to Mailchimp without explicit opt-in. Legally (GDPR, CASL, PECR) and ethically, explicit consent is required. While some suggest Mailchimp might not strictly enforce this for low-volume senders with good engagement, it's a risk. Instead, offer incentives for signing up at the event (contests, giveaways), use signup forms on tablets, or send a follow-up email asking them to opt-in. Transparency and clear communication about what subscribers will receive are crucial. Some experts suggest tagging contacts to track permission levels, while one advises against proactively contacting Mailchimp about potential violations.
Key findings
- Explicit Opt-in is Key: Legal frameworks (GDPR, CASL, PECR) and Mailchimp's terms of service necessitate explicit consent before adding contacts to your email list.
- Non-compliance is Risky: Even if Mailchimp doesn't actively police low-volume senders, non-compliance with regulations and best practices can lead to penalties and damage to your reputation.
- Transparency Builds Trust: Clearly communicate the benefits of subscribing and what types of emails recipients can expect.
- Offer Value for Opt-in: Provide incentives (contests, giveaways, valuable content) to encourage contacts to actively opt-in to your list.
- Follow-up is Necessary: Send a follow-up email after the event asking contacts to confirm their subscription.
Key considerations
- Legal Compliance: Thoroughly understand and adhere to data protection laws (GDPR, CASL, PECR) in your region.
- Mailchimp Policies: Familiarize yourself with Mailchimp's terms of service regarding opt-in requirements and acceptable use policies.
- User Experience: Prioritize a positive user experience by being transparent, providing value, and making it easy for contacts to subscribe and unsubscribe.
- Risk Tolerance: Carefully weigh the potential risks (legal penalties, account suspension) against the benefits of adding trade show contacts to your list without explicit opt-in.
- Data Security: Implement appropriate data security measures to protect the personal information of your contacts.
What email marketers say
10 marketer opinions
The general consensus is that adding trade show contacts to Mailchimp without explicit opt-in is not recommended due to legal and platform policy considerations. While Mailchimp may not always actively enforce its opt-in policy for low-volume senders with good engagement, it's still best practice to obtain explicit consent. Methods for doing so include using signup forms at events, sending confirmation emails post-event, and being transparent about what subscribers will receive. Some suggest contacting Mailchimp proactively, while others advise against it, citing potential risks. Ultimately, prioritizing compliance and user experience is vital.
Key opinions
- Explicit Opt-in: Explicit opt-in is legally and ethically the best practice for adding trade show contacts to your email list.
- Enforcement Varies: Mailchimp may not always actively enforce its opt-in policy for low-volume senders with good engagement, but compliance is still essential.
- Transparency is Key: Being upfront about what subscribers will receive helps build trust and encourages legitimate sign-ups.
- Multiple Consent Methods: Signup forms at events, confirmation emails, and clear communication are effective ways to obtain consent.
- GDPR Compliance: It's best practice to explain GDPR clearly to your audience and what their rights are.
Key considerations
- Legal Compliance: Understand and comply with relevant data protection laws (e.g., GDPR, CASL).
- Platform Policies: Adhere to Mailchimp's terms of service regarding opt-in requirements.
- User Experience: Prioritize transparency and respect for user preferences to build trust and avoid spam complaints.
- Risk Assessment: Weigh the risks and benefits of contacting Mailchimp proactively versus addressing compliance issues independently.
- Engagement: If proceeding, monitor engagement and complaints closely. If complaints rise, resolve permission issues.
Marketer view
Marketer from Email Geeks shares that while real opt-ins are the correct path, Mailchimp (and other platforms) often don't actively enforce it unless there are high volumes of emails to bad addresses or many spam complaints. He suggests that the client's low volume and good engagement mean they likely aren't on Mailchimp's radar.
13 Nov 2022 - Email Geeks
Marketer view
Email marketer from Reddit User /u/EmailMarketingPro says that while adding trade show contacts without permission might seem tempting, it's best to avoid doing so. You should instead send a friendly follow-up email to those contacts asking if they'd like to opt-in to your list. Explain the benefits of subscribing and provide a clear unsubscribe option.
27 Feb 2022 - Reddit
What the experts say
3 expert opinions
Experts have differing views on using trade show contacts in Mailchimp without explicit opt-in. One expert suggests that if email addresses were given, Mailchimp may consider it mostly opt-in, recommending tagging contacts to track permission. Another expert advises against contacting Mailchimp about potential terms of service violations. In contrast, another strongly advises that contact information alone is insufficient, and explicit consent is necessary before adding contacts to a marketing list.
Key opinions
- Conflicting Opinions: Experts offer contrasting perspectives on the acceptability of using trade show contacts without explicit opt-in.
- Permission Tracking: Tagging contacts based on their level of permission is recommended for managing trade show contacts.
- Consent Required: Explicit consent is required before sending marketing emails.
Key considerations
- Mailchimp's Stance: Understand Mailchimp's perspective on what constitutes opt-in for trade show contacts.
- Legal Requirements: Ensure compliance with data protection laws that mandate explicit consent.
- Risk Assessment: Weigh the potential risks of violating terms of service against the benefits of marketing to trade show contacts.
Expert view
Expert from Email Geeks advises against proactively contacting Mailchimp about violating their terms of service, especially given their history of selective enforcement.
31 Dec 2023 - Email Geeks
Expert view
Expert from Email Geeks explains that if email addresses were provided at events, it's mostly opt-in as far as Mailchimp is concerned. He suggests tagging the current set of contacts to track their permission level and suggests considering if Mailchimp is the right vendor for this business.
31 Mar 2023 - Email Geeks
What the documentation says
4 technical articles
Legal documentation consistently emphasizes the need for explicit consent for marketing communications, especially concerning data protection laws like GDPR, CASL, and PECR. Consent must be freely given, specific, informed, and unambiguous, requiring a clear affirmative action from the individual. Collecting a business card or similar passive data collection methods at a trade show doesn't typically meet the standard for consent, making direct marketing without further action non-compliant.
Key findings
- Explicit Consent Required: GDPR, CASL, and PECR mandate explicit consent for sending marketing emails.
- Affirmative Action Needed: Consent must be obtained through a clear affirmative action, such as actively ticking a box.
- Passive Collection Insufficient: Collecting contact information at a trade show is not enough to establish consent.
- Legal Compliance: ISO 27001 requires organizations to comply with data protection laws, further reinforcing the need for consent.
Key considerations
- GDPR Compliance: Ensure that consent mechanisms comply with GDPR requirements for being freely given, specific, informed, and unambiguous.
- CASL Compliance: Understand the nuances of CASL regarding express and implied consent, and avoid relying on implied consent based solely on trade show contacts.
- PECR Compliance: Adhere to PECR, particularly regarding marketing via electronic means, and obtain specific consent before sending emails.
- Risk Mitigation: Implement strategies to mitigate legal risks associated with non-compliance, such as actively seeking consent before sending marketing communications.
Technical article
Documentation from Fight Spam details Canada's Anti-Spam Legislation (CASL), which requires express consent for sending commercial electronic messages (CEMs). It explains situations where implied consent might exist, such as an existing business relationship. However, simply collecting a business card at a trade show isn't typically enough for implied consent.
19 Mar 2022 - Fight Spam.gc.ca
Technical article
Documentation from ISO explains that ISO 27001 requires organisations to identify and comply with relevant legal, statutory, regulatory and contractual requirements for information security. This includes data protection laws (such as GDPR) which mandate specific requirements for obtaining and processing personal data, including consent for marketing communications.
3 Oct 2022 - ISO
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