Email Marketing Workshop

Part V

Deliverability, Compliance & Trust

Agenda

• Getting To The Inbox

• Protecting Your Brand

• Email Laws & Regulations

NationwideSenior Consultant, Brand Reputation

rothmal@nationwide.com

Twitter: @LaurenceRothman

Laurence Rothman

Matt Rausenberger

Return Path, Inc.Sr. Director, Deliverability Consulting

matt.rausenberger@returnpath.net

eec Co-ChairDeliverability & Rendering Roundtable

PSVillage Co-Chair, Denver Chapter

GETTING TO THE INBOX:DELIVERABILITY & REPUTATION

Reputation

Poor Reputation & Deliverability

= NO INBOX• No Clicks• No Opens• No Purchases• No Conversions• No Brand Building• No Relationships

Factors That Affect Deliverability• Subscriber Actions

– Complaints– Opens

• List Quality– Unknown Users– Spam Traps

• Content• Email Infrastructure

– Authentication– Sending Permanence

• Accreditation

Complaints

Positive Subscriber Actions

List Maintenance

Unknown Users

Bounces

• Automated Response from Receiving Network that Email Message Was Not Delivered

• Can Happen at any Stage of Message Transfer or Days After

• Classified as Hard and Soft Bounces

Spam Traps

Give Them a Choice

Content

Content Rendering

Mail Infrastructure

Certify Your Email

Manage Metrics

Relevance & Response Rates

BUILDING AND PROTECTING YOUR BRAND VIA EMAIL

Email Branding

What Makes Subscribers Open?

Prominently Display Your Logo

Email Fraud• Spoofing – Modifying the sender

address and other parts of the email header to appear as if the email originated from some place it did not

• Phishing – Fraudulent practice of sending e-mails purporting to be from legitimate companies in order to induce individuals to reveal personal information such as email addresses, SS# and credit cards

• Malware – Malicious software meant to steal private data, take control of resources or cause abusive behavior

Brand Reputation & Trust

• Company perception in the marketplace

• Erosion of brand trust• In a recent Cloudmark survey,

42% of respondents said that their trust in a brand would be greatly reduced if they received a phishing email claiming to be sent by that brand.

You Can Stop Phishing!

• Authenticate email with SPF and DKIM• Educate your employees about spoofing,

phishing and malware• Monitor phishing and malware attacks• Third-party vendors can help with:

– Registering your domain to prevent unauthenticated email from being delivered

– Monitoring, detecting and taking down phishing sites

COMPLIANCE FOR COMMERCIAL EMAIL

United States

• CAN-SPAM Act of 2003

• Email Law, not Privacy Law

• Opt-out, not Opt-in

• Make your privacy statement easy to find and read

• Track source and date of subscriber acquisition

CAN-SPAM• Covers all commercial email• Clear and conspicuously displayed opt-out

mechanism• Valid postal address• Clear notice that the message is commercial• Process unsubscribes within 10 business days• No false headers or subject lines• Accurately represent Forward to a Friend (FTAF)

Canada & CASL• Law takes effect early 2012

• CEM Law, not just Email Law

• Affects all companies that send email, SMS, and social network messages into Canada

• Must have consent from subscriber unless implied relationship exists (allowed up to 2 years)

• Organization will need to review their email policies

• Penalties can be as high as $1 million per violation for individuals, and $10 million per violation for organizations

Complying with CASL• Establish baseline policy for all digital

communications with subscribers• Segment your subscribers based on expressed preferences,

observed behaviors, demographics • Use opt-in consent methods for capturing contact information.• Clear unsubscribe information in communications• Use preference centers so that subscribers can choose the

timing and frequency with which they receive emails• Obtain explicit consent within 2 year window• Include postal address in all communications• Never rent lists or do email appends

European Union• Data Protection Directive

• Privacy Law not Email Law

• Opt-in, not Opt-out

• 7 Principals:– Notice

– Purpose

– Consent

– Security

– Disclosure

– Access

– Accountability

Asia-Pacific Privacy Framework• Forum of 21 Pacific Rim countries• Privacy Principles:

– Preventing Harm– Notice– Collection Limitations– Uses of Personal Information– Choice– Integrity of Personal Information– Security Safeguards– Access and Correction– Accountability

Rest of World

• Existence, detail and enforcement of privacy law in countries around the world vary dramatically

Compliance Resources

Morrison & Foerster's International Privacy Library

www.mofo.com/privacy--data-security-services

Email Spam Legislation by Country

en.wikipedia.org/wiki/E-mail_spam_legislation_by_country

U.S. CAN-SPAM Act of 2003

www.spamlaws.com/federal/108s877.shtml

Canada - Marketer’s Guide to Applying CASL

www.thindata.com/aboutus/resourcecenter/casl/pdf/The_Marketers_Guide_to_Applying_casl.pdf

Email Sender and Provider Coalition (ESPC)

www.espcoalition.org

Deliverability Blogs

Return Path

www.returnpath.net

Deliverability.com

www.deliverability.com

Word to the Wise

blog.wordtothewise.com

Al Iverson

blog.exacttarget.com/blog.php/al-iverson

Thank You!